What Constitutes Moral Turpitude

[shagybruce]

after spending 2 months in detention and winning cancellation of removal i heard a lot of conflicting cases involving moral terpitude. one being a theft charge is, regardless of sentence imposed. and that in the eyes of the immigration service any felony that has restitution over $10,000 or has a prison sentence of 1 year ir more is classed as an aggravated felony. what is true

[aaron]

In general terms, a crime of moral turpitude refers to a crime that encompasses a base or vile act. The case law interpreting the term "moral turpitude" is not always consistent. However, the following offenses, whether charged as felonies or misdemeanors, are of the type that have typically been found to be crimes of moral turpitude:

* crimes which involve either an intent to defraud or an intent to steal as an element;

* crimes which involve an element of intentional or reckless infliction of harm to persons or property;

* sex crimes, in which "lewd" intent is an element.

Additionally, felonies and some misdemeanors in which malice is an element are commonly held to be crimes of moral turpitude.

Serious offenses, such as murder, voluntary manslaughter, kidnapping, sexual assault, robbery, buglary, larceny, aggravated assault, prostitution, and even shoplifting have been held to involve moral turpitude.

The statutory language is as follows:

(a) Classes of deportable aliens

Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

* * *
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude

Any alien who--

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer may be imposed,

[shagybruce]

thanks for the info. another question, if a person was convicted of theft as a misdemeanor 1 , no restitution and no jail time, only probation, is that a moral terpitude offence and a deportable one?

[aaron]

Possibly yes. Theft crimes have been held to be crimes of moral turpitude. And for deportation based upon the possible sentence, the issue is not whether the offender received probation, but is whether the offender could have received a sentence of one year or more of incarceration.

[jenimmi]

In general terms, a crime of moral turpitude refers to a crime that encompasses a base or vile act. The case law interpreting the term "moral turpitude" is not always consistent. However, the following offenses, whether charged as felonies or misdemeanors, are of the type that have typically been found to be crimes of moral turpitude:

* crimes which involve either an intent to defraud or an intent to steal as an element;

* crimes which involve an element of intentional or reckless infliction of harm to persons or property;

* sex crimes, in which "lewd" intent is an element.

Additionally, felonies and some misdemeanors in which malice is an element are commonly held to be crimes of moral turpitude.

Serious offenses, such as murder, voluntary manslaughter, kidnapping, sexual assault, robbery, buglary, larceny, aggravated assault, prostitution, and even shoplifting have been held to involve moral turpitude.

Aaron -

Please, Would you be able to tell if there are any case references on the internet where shoplifting cases have been approved or denied Citizenship based on the fact that it is a CIMT?

Your help is very much appreciated.

[aaron]

You may wish to try using an online research tool, such as LexisOne. (That provides free case law from the past five years, and additional case law for a fee.)