overview of immigration consequences of state court criminal ...

DRAFTWhere the crime as defined by statute includes both crimes thatqualify as moral turpitude and crimes that do not, the recordof conviction, including indictment, plea, verdict, and sentence,may be considered.QQNeither the seriousness of the crime nor the severity of thesentence is determinative of whether a crime is a crime ofmoral turpitude.Types of crimes that have been found by the courts to involvemoral turpitude include the following.QQCrime involving specific intent to cause physical injury orreckless behavior causing serious bodily injury. Knowinggross deviation from reasonable standard of careconstitutes reckless behavior.QQCrimes involving an intent to defraud, such as theft, fraud,or perjury.QQProstitution.QQPossession of child pornography.QQMoney laundering.QQConcealing a Federal felony committed by another, wherethere was active intent to conceal the crime.QQTrafficking in counterfeit goods.QQWillful failure to register as a sex offender.The following are rules regarding DUI cases, as determined byBoard of Immigration Appeals decisions.QQSimple DUI is not a crime involving moral turpitude.QQA conviction of DUI coupled with knowingly driving whilelicense suspended or revoked due to a prior DUI convictionis a crime involving moral turpitude.QQMultiple convictions of simple DUI, where none of theconvictions alone constitutes a crime involving moralturpitude, are not considered a crime involving moralturpitude.Crimes that have been found not to involve moral turpitudeinclude the following.QQUnauthorized use of a motor vehicle.QQJoyriding.QQSimple assault without intent to cause serious bodily harm.QQDomestic assault is not a crime involving moral turpitude ifcommitted without intent to cause serious bodily harm, or ifdefined by state law to include just unwanted or offensivetouching.Misdemeanors as Crimes Involving Moral TurpitudeExamples of misdemeanors that could be crimes involvingmoral turpitude if the possible sentence is one year or more, orif a person commits two of them.QQTheft.QQFraud.QQPerjury.QQProstitution.CRIME OF DOMESTIC VIOLENCEConviction of a crime of domestic violence is grounds fordeportation. The following are categories of crimes of domesticviolence that can affect immigration status.QQStalking.QQDomestic violence.OOMust qualify as a crime of violence under Federalcriminal law.OOMust be committed by an individual against a personwho is protected from that individual’s acts under thedomestic or family violence laws of the United Statesor any State, Indian tribal government, or unit of localgovernment.QQCriminal child abuse, neglect or abandonment.OOThe statute does not include civil child abuse andneglect.QQViolation of domestic violence protective order.Domestic violence can also be an aggravated felony if itmeets the requirements of an aggravated felony with an actualsentence of one year or more.