Capsule-updates for SH (Safe Havens)

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 - 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

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 - BURGLARY - NOT CATEGORICALLY A CMT

Cuevas-Gaspar v. Ashcroft, 430 F.3d 1013 (9th Cir. Dec.

jurisdiction: 
Ninth Circuit

CRIME OF MORAL TURPITUDE - BURGLARY - ACCOMPLICE TO RESIDENTIAL BURGLARY NOT INHERENTLY A CRIME OF MORAL TURPITUDE SINCE STATUTE DOES NOT SPECIFY CRIME INTENDED

Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. Dec. 7, 2005) (Washington conviction of being an accomplice to residential burglary, in violation of Wash. Rev.

jurisdiction: 
Ninth Circuit

CRIME OF MORAL TURPITUDE - NEGLIGENT AGGRAVATED ASSULT ON AN OFFICER

Partyka v. Atty. Gen., __ F.3d __ (3rd Cir. Aug. 11, 2005) (aggravated assault on a law enforcement officer in the third degree, in violation of N.J. Stat. Ann. 2C:12-1b(5)(a), is not necessarily a crime of moral turpitude, where the statute may be committed with negligent intent). http://caselaw.lp.findlaw.com/data2/circs/3rd/042804p.pdf

jurisdiction: 
Third Circuit

NON-SUBSTANTIVE OFFENSES -- NEW MEXICO - COMPOUNDING

(New Mexico Penal Code 30-22-6.  Compounding a crime consists of knowingly agreeing to take anything of value upon the agreement or understanding, express or implied, to compound or conceal a crime or to abstain from a prosecution therefor, or to withhold any evidence thereof. For purposes of this section, a person may be prosecuted and convicted of compounding a crime though the person guilty of the original crime has not been charged, indicted or tried. Whoever commits compounding a crime is guilty of a misdemeanor)

jurisdiction: 
Other

AIDING AND ABETTING - STATE VS. FEDERAL DEFINITION

In Vidal the Court recognized that the California definition of aiding and abetting includes "encouragement," which in California includes "promotion and instigation." In California, A person may be considered an aider and abettor if he/she acts "with knowledge of the criminal purpose of the perpetrator and with an intent or purpose of either committing, or of encouraging or facilitating commission of, the offense." People v. Beeman, 35 Cal.3d 547, 560 (1984). See also, People v. Prettyman, 14 Cal. 4th 248 (1996).

jurisdiction: 
Other

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