Crimes of Moral Turpitude

(D)

Cases.  A conviction for aiding and abetting commission of an offense, or as accessory before the fact to an offense, is considered a crime involving moral turpitude if the substantive offense is a CMT. 

Matter of O'Cealleagh, 23 I. & N. Dec. 976 (BIA 2006) (Irish conviction for aiding and abetting murder is a crime of moral turpitude).

Xiong v. INS, 97 F.3d 1457 (8th Cir. 1996) (Table) (aiding and abetting robbery held a crime of moral turpitude);

Matter of Short, 20 I. & N. Dec. 136 (BIA 1989) (“if a simple assault does not involve moral turpitude and the felony intended as a result of that assault also does not involve moral turpitude, then the two crimes combined do not involve moral turpitude”);

Matter of Martinez, 16 I. & N. Dec. 336 (BIA 1977) (conviction for aiding and abetting counterfeiting rendered the noncitizen ineligible for voluntary departure, since fraud was a necessary element);

Matter of F, 6 I. & N. Dec. 783 (BIA 1955) (conviction of being an accessory before the fact pursuant to § § 2 and 3 of Chapter 274 of the Laws of Massachusetts – uttering forged documents – is conviction for a crime involving moral turpitude when the substantive offense is one involving moral turpitude).

See Matter of M, 9 I. & N. Dec. 132  (BIA 1960) (Italian conviction of swindling held CMT where record showed that noncitizen was an accomplice in a fraudulent undertaking with the intent of cashing money orders).

Aiding and abetting the commission of an offense that is not a CMT is not a CMT. 

Matter of Espinosa, 10 I. & N. Dec. 98 (BIA 1962) (abetting nonimmigrant visitor in executing false application for extension of stay not CMT).