quick reference chart and notes for determining immigration - ILRC

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California Quick Reference Chart and Notes February 2010 • fraud or deceit offense if the loss to the victim exceeds $10,000. (M) • illegal re-entry after deportation or removal for conviction of an aggravated felony (O) • money laundering- money laundering and monetary transactions from illegally derived funds if the amount of funds exceeds $10,000, and offenses such as fraud and tax evasion if the amount exceeds $10,000. (D) • murder- (A) • national defense- offenses relating to the national defense, such as gathering or transmitting national defense information or disclosure of classified information. (L)(i) • obstruction of justice if the term of imprisonment is at least one year. (S) • perjury or subornation of perjury- if the term of imprisonment is at least one year. (S) • prostitution- offenses such as running a prostitution business. (K) • ransom demand- offense relating to the demand for or receipt of ransom. (H) • rape- (A) • receipt of stolen property if the term of imprisonment is at least one year (G) • revealing identity of undercover agent- (L)(ii) • RICO offenses- if the offense is punishable with a one-year sentence. (J) • sabotage- (L)(i) • sexual abuse of a minor- (A) • slavery- offenses relating to peonage, slavery and involuntary servitude. (K)(iii) • tax evasion if the loss to the government exceeds $10,000 (M) • theft- if the term of imprisonment is at least one year. (G) • trafficking in vehicles with altered identification numbers if the term of imprisonment is at least one year. (R) • treason- federal offenses relating to national defense, treason (L) Immigrant Legal Resource Center N-63
California Quick Reference Chart and Notes February 2010 § N.7 Crimes Involving Moral Turpitude (For more information, see Defending Immigrants in the Ninth Circuit, Chapter 4, www.ilrc.org/criminal.php and see Tooby, Rollin, Crimes Involving Moral Turpitude at www.criminalandimmigrationlaw.com) IMPORTANT DEVELOPMENT: At the end of 2008, outgoing Attorney General Mukasey drastically changed the law, holding that an immigration judge may decide to hold a fact-based inquiry, rather than an inquiry under the categorical approach, to determine whether a conviction is of a “crime involving moral turpitude” (“CMT”). Matter of Silva- Trevino, 24 I&N Dec. 687 (AG 2008). But see strategies for preventing this inquiry at Part A. Further, without ruling on the validity of Silva-Trevino, the Ninth Circuit has decided to increase the level of deference it accords to Board of Immigration Appeals decisions on whether an offense is a CMT. These decisions make it hard to predict precisely which offenses will be held a crime involving moral turpitude. While important rules remain, until the law becomes more settled criminal defense counsel must conservatively assume that many offenses involve moral turpitude. Fortunately, not every conviction of a CMT is fatal to immigration status. To analyze the effect of a conviction, counsel needs the client’s entire criminal history and some key facts about his or her immigration status and history. See Parts B and C. A. Definition of a Crime Involving Moral Turpitude (including Matter of Silva-Trevino) Because of recent legal developments, at this point it is very difficult to state with certainty that an offense of conviction will not be classified as a crime involving moral turpitude. In late 2008 outgoing Attorney General published Matter of Silva-Trevino, supra, which drastically changed how immigration authorities determine whether an offense of conviction is a crime involving moral turpitude. Under Silva-Trevino, immigration judges in some cases have the discretion to delve into the actual conduct of the defendant, rather than concentrating on the elements of the offense and reviewable record of conviction, as is required under the categorical approach. If an immigration judge elects to make this kind of inquiry in a case, she might take testimony from the defendant (now called the “respondent”) in immigration proceedings, as well as other evidence. In Silva-Trevino the AG also defined a crime involving moral turpitude as a reprehensible act with a mens rea of at least recklessness. N-64 Immigrant Legal Resource Center
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