CASES OF INTEREST click here to go back to the Cases of Interest       IMMIGRATION: MORAL TURPITUDE   Issue: Moral Turpitude/money laundering /deportation under INA 237(a)(2)(A)(i)   Issue: Moral turpitude /"petty offense" exception / cancellation of removal and voluntary departure under INA 240A(a)(2) and 240A(d)(1)(B)   Issue: Moral Turpitude/"petty offense" exception /pending naturalization application   Issue: Moral Turpitude/ aggravated DUI/ removability under INA 237(a)(2)(A)(ii)   Issue:Moral Turpitude/date of admission /deportation under INA 237(a)(2)(A)(i)     Issue: Moral Turpitude/money laundering /deportation under INA 237(a)(2)(A)(i) In re Mahesh Nenumal TEJWANI, Respondent, 24 I&N Dec. 97 (BIA 2007) Interim Decision #3553 Q: Is a money laundering conviction, in violation of section 470.10(1) of the New York Penal Law, a crime involving moral turpitude? A: Yes . New York Penal Law requires proof of a deliberate act to conceal illegal activity. The statute requires proof that the actor knew that he was laundering the proceeds of "criminal conduct." A person who deliberately takes affirmative steps to conceal or disguise the proceeds of criminal conduct(here illegal drug sales) acts in an inherently deceptive manner and impairs governmental function, specifically the ability to detect and combat criminal activity. Such interference in governmental function is inherently dishonest and contrary to accepted moral standards. The act of deliberately concealing illegal activity is categorically a crime involving moral turpitude Tejwani was ordered removed to India for conviction of a crime involving moral turpitude within five years of the date of admission to the United States. INA§ 237(a)(2)(A)(i). back to the top Issue: Cancellation of removal and voluntary departure under INA 240A(a)(2) and 240A(d)(1)(B) Moral turpitude/ Deportation relief/ Misdemeanor crimes In re Jose Abraham DEANDA-ROMO, Respondent 23 I&N Dec. 597 (BIA 2003) Interim Decision #3491 Q . Is an alien who has committed two crimes involving moral turpitude precluded from the "petty offense" exception for admissibility? A. It depends on the circumstances. INA 240A(d)(1) states that an alien's continuous residence is "deemed to end" when he has committed an offense that "renders [him] inadmissible to the United States on the basis of his criminal activity under INA 212(a)(2)." An alien who commits only one crime involving moral turpitude which qualifies as a petty offense is not subject to the grounds of inadmissibility under INA 212(a)(2) because it falls within the "petty offense" exception in INA 212(a)(2)(A)(ii)(II), ( sentence imposed was not in excess of 6 months in prison). In the respondent's case, his second crime involving moral turpitude did not remove the "petty offense" exception because it occurred after he had accrued the 7 years of continuous residence required for cancellation of removal. back to the top Issue: Moral Turpitude/ removability under 8 USC 1227 (A)(2)(A)(ii) In re Jose Luis Lopez Meza, Respondent File A 92 026 109 12/21/99 BIA Q: Is a conviction for aggravated DUI a conviction for a crime involving moral turpitude? A. Under Arizona law aggravated driving under the influence, which requires the driver to know that he is prohibited from driving under any circumstances is a crime involving moral turpitude. The Immigration Judge found the alien's aggravated DUI convictions were not for crimes involving moral turpitude The BIA reversed. Aggravated DUI offences involve moral turpitude. An individual who drives under the influence, in violation of the relevant provisions, does so with the knowledge that he or she should not be driving under any circumstances. Such a person commits a crime so base and so contrary to the currently accepted duties that persons owe to one another and society in general that it involves moral turpitude. back to the top Issue:Moral Turpitude/date of admission /deportation under INA 237(a)(2)(A)(i) In re Musiliu Aremu SHANU, Respondent, 23 I&N Dec. 754 (BIA 2005) Interim Decision #3513 Q. Is an alien rendered removable under INA 237(a)(2)(A)(i) based on a crime involving moral turpitude(punishable by a term of imprisonment of at least 1 year) committed within 5 years after any admission to the United States, whether it be the first or any subsequent admission? A. Yes. INA 237(a)(2)(A)(i) does not, by its terms, specify which of an alien's multiple "admission" dates can be considered where some, but not all, of those dates are less than 5 years prior to the date of the alien's commission of a crime involving moral turpitude. The alien was "admitted" to the United States within the meaning of INA 101(a)(13)(A) as a nonimmigrant in June 1989. His status was adjusted to that of a lawful permanent resident on December 20, 1996.He committed various federal fraud crimes on or about June 13, 1997. The respondent maintains that as applied to him, the term "date of admission" refers to June 8, 1989, the date of his first admission as a nonimmigrant, and not to the date of any subsequent admission he may have made. Congress intended the phrase "date of admission" to apply to the INA 101(a)(13)(A) admission. However, a reasonable interpretation of Congress's language, in view of the BIA's historical practice and that of the federal courts in like cases, concludes that Congress intended-with respect to aliens who have been admitted to the United States more than once-that each and every date of admission qualifies as a potentially "relevant" date of admission under INA 237(a)(2)(A)(i). back to the top Issue: Moral Turpitude/"petty offense" exception /pending naturalization application GREGORIO OSTOLAZA-AYALA, Petitioner v. ALBERTO R. GONZALES, Attorney General, Respondent UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 133 Fed. Appx. 434; 2005 U.S. App. LEXIS 10898 UNPUBLISHED OPINION Q Does the petty offense exception apply to an alien convicted of two crimes? 8 U.S.C. § 1182(a)(2)(A)(ii)(II) Q Should removal proceedings be terminated to permit the petitioner to proceed on a pending application for naturalization under 8 C.F.R. § 239.2(f)(2001)? A. No. The petty-offense exception states that the crime of moral turpitude designation "shall not apply to an alien who committed only one crime" if the maximum penalty for the crime was less than a year and the alien was not sentenced to more than six months of imprisonment. Although petitioner's two criminal convictions arose out of one transaction -- shoplifting at Home Depot -- they are two separate crimes with different elements. Petitioner moved to terminate removal proceedings in order to proceed with his naturalization application. 8 C.F.R. § 239.2(f)(2001), provides that an "immigration judge may terminate removal proceedings to permit the alien to proceed to a final hearing on a pending application or petition for naturalization when the alien has established prima facie eligibility for naturalization." Petitioner could not establish prima facie eligibility for naturalization because he could not prove that he had been a person of good moral character for five years preceding the filing of his naturalization application. back to the top