Crimes of Moral Turpitude

(C)

Voluntary Departure.  A Judicial Recommendation Against Deportation did not prevent the INS from considering a grand theft conviction as a crime of moral turpitude in determining whether to grant a noncitizen’s application for voluntary departure.[173]

A valid JRAD also operated to eliminate the conviction as a basis to statutorily disqualify a noncitizen from obtaining discretionary relief.[174]

[173] Rashtabadi v. INS, 23 F3d 1562 (9th Cir. 1994).

[174] Giambanco v. INS, 531 F.2d 141 (3d Cir. 1976); Matter of Gonzalez, 16 I. & N. Dec. 134 (BIA 1977).