CRIME OF MORAL TURPITUDE - RECKLESS ASSAULT

Gill v. INS, __ F.3d __, 2005 WL 1983700 (2nd Cir. Aug. 18, 2005) (attempted reckless assault in violation of New York Penal Code 120.5(4) is not a crime involving moral turpitude because no discernable mental element in present since it is impossible to "attempt" to commit an act "recklessly" under New York law).

jurisdiction: 
Second Circuit

CRIME OF MORAL TURPITUDE -BATTERY WITH INJURY - NOT CMT

Matter of Muceros, Index Decision (BIA 2000) (Battery, in violation of California Penal Code section 243(d) is not a crime of moral turpitude for immigration purposes).
http://www.usdoj.gov/eoir/vll/intdec/indexnet00/muceros.pdf

jurisdiction: 
BIA

CRIME OF MORAL TURPITUDE - AGGRAVATED BATTERY

Sosa-Martinez v. U.S. Atty. Gen., __ F.3d __ (11th Cir. Aug. 22, 2005) (aggravated battery, in violation of Fla. Stat. Ann. 784.045, is a conviction for a crime involving moral turpitude for immigration purposes).
http://caselaw.lp.findlaw.com/data2/circs/11th/0510066p.pdf

jurisdiction: 
Eleventh Circuit

CRIME OF MORAL TURPITUDE - CHILD ABANDONMENT

Rodriguez-Castro v. Gonzales, ___ F.3d ___ (5th Cir. Oct. 3, 2005) (attempted misdemeanor child abandonment, with intent to return to the child, under Texas Penal Code 22.041(b) is not a crime of moral turpitude because the offense may be committed without he actor knowing s/he thereby places the child at risk, and only involved negligent intent).
http://caselaw.lp.findlaw.com/data2/circs/5th/0460003cv0p.pdf

jurisdiction: 
Fifth Circuit

CRIME OF MORAL TURPITUDE - FOOD STAMP FRAUD

"Food Stamp Fraud," despite what its name sounds like, may be neither an Aggravated Felony nor a Crime of Moral Turpitude.  In some jurisdictions, the elements of the offense do not include any of the key elements that define common law fraud; instead, the offense is basically a strict-liability regulatory offense.

jurisdiction: 
Other

SOCIAL SECURITY FRAUD

Under 408(a)(7) of the Social Security Act, a person is subject to criminal penalties if he or she: (1) willfully, knowingly, and with an intent to deceive uses a social security number on the basis of false information furnished to the SSA (408 (a)(7)(A));  (2) falsely represents, with an intent to deceive, a number to be the social security number assigned to him or her or to another person (408(a)(7)(B )); or  (3) knowingly altered a social security card issued by the SSA, bought or sold a card that was, or was purported to be, a card so issued, counterfeited a social secur

jurisdiction: 
Other

CRIME OF MORAL TURPITUDE - MISUSE OF SOCIAL SECURITY NUMBER

The offense of misuse of a social security number, in violation of 42 U.S.C. 408(a)(7)(B), may or may not be considered a crime of moral turpitude. For example, use of the card to open a checking account would not appear to be fraudulent, and thus not a CMT. The statute should therefore be considered divisible. Sale of fraudulent immigration documents is clearly CMT. Matter of Flores, 17 I. & N. Dec. 225, 1980 WL 121870 (BIA 1980). Use or possession of a false social security document with specific intent to defraud is a CMT. Matter of Serna, 20 I. & N. Dec. 579, 581 (BIA 1992).

jurisdiction: 
BIA

CRIME OF MORAL TURPITUDE - ILLEGAL PURCHASE OF FOOD STAMPS

Abdelqadar v. Gonzales, ___ F.3d ___, 2005 WL 1540245 (7th Cir. July 1, 2005) (Illinois conviction of illegally purchasing food stamps, in violation of 720 ILCS 5/17B-5, was a crime involving moral turpitude, for purposes of triggering deportation, since it was a species of fraud, and because crimes of deceit are the classic exemplars of moral turpitude), see Jordan v. DeGeorge, 341 U.S. 223 (1951).

jurisdiction: 
Seventh Circuit

CRIME OF MORAL TURPITUDE - WILLFUL FAILURE TO FILE TAX RETURN

Carty v. Ashcroft, ___ F.3d ___, 2005 WL 95730 (9th Cir. January 19, 2005) (California conviction of willful failure to file a tax return with the intent to evade taxes, in violation of Revenue and Taxation Code 19406 (1992), involves fraud, and thus constitutes a crime of moral turpitude for deportation purposes under INA 237(a)(2)(A)(ii), 8 U.S.C. 1227(a)(2)(A)(ii)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371392p.pdf

jurisdiction: 
Ninth Circuit

CRIME OF MORAL TURPITUDE - FLORIDA SECOND DEGREE ARSON

Vuksanovic v. U.S. Attorney Gen., ___ F.3d ___, 2006 WL 358659 (11th Cir. Feb. 17, 2006) (per curiam) (Florida conviction of second-degree arson, under Florida Statutes 806.01(2) [willful destruction of a structure by fire or explosion without a lawful, legitimate purpose], is a CMT rendering a noncitizen inadmissible under 8 U.S.C. 1182(a)(2)(A), thereby depriving the court of appeal of jurisdiction under 8 U.S.C. 1252(a)(2)(C) to review a final order of removal); Rodriguez-Herrera v. INS, 52 F.3d 238, 239 n. 2 (9th Cir.

jurisdiction: 
Eleventh Circuit

 

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