quick reference chart and annotations for determining immigration ...
quick reference chart and annotations for determining immigration ...
quick reference chart and annotations for determining immigration ...
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Immigrant Legal Resource Center, Florence Immigrant <strong>and</strong> Refugee Rights Project,<br />
Maricopa County Public Defender August 2012<br />
but not less than one hundred dollars. Commercial bribery is a class 1 misdemeanor if the value of the<br />
benefit is less than one hundred dollars.<br />
Crime Involving Moral Turpitude (CMT): Yes, corrupt intent to influence. See, e.g., Matter<br />
of H-, 6 I&N Dec. 358, 361 (BIA 1953).<br />
Aggravated Felony: Commercial bribery will be held an aggravated felony if a sentence of a<br />
year or more is imposed. See 8 USC § 1101(a)(43)(R).<br />
63. Perjury, ARS § 13-2702.<br />
A. A person commits perjury by making either:<br />
1. A false sworn statement in regard to a material issue, believing it to be false.<br />
2. A false unsworn declaration, certificate, verification or statement in regard to a material issue that the<br />
person subscribes as true under penalty of perjury, believing it to be false. Perjury is a class 4 felony.<br />
Crime Involving Moral Turpitude (CMT): Because materiality is an element of § 13-2702,<br />
perjury will be considered a CMT. Matter of H, 1 I&N 669 (BIA 1943) (Michigan statute included<br />
materiality as a required element of the crime of perjury <strong>and</strong> there<strong>for</strong>e necessarily involves moral<br />
turpitude). As an alternative see false swearing, ARS § 13-2703.<br />
Aggravated Felony: Perjury is an aggravated felony where the court imposes a term of<br />
imprisonment of one year or more. 8 U.S.C. § 1101(a)(43)(S). If such a sentence cannot be avoided,<br />
consider false swearing, ARS § 13-2703.<br />
64. False swearing, ARS § 13-2703.<br />
A person commits false swearing by making a false sworn statement, believing it to be false. False<br />
swearing is a class 6 felony.<br />
Crime Involving Moral Turpitude (CMT): False swearing should not be found to be a CMT<br />
because it does not involve materiality, or necessarily a fraudulent intent. Blanco v. Mukasey, 518 F.3d<br />
714 (9th Cir. 2007); Hirsch v. INS, 308 F.2d 562 (9th Cir. 1962); Matter of C, 1 I&N Dec. 14 (BIA, AG<br />
1940) (false statements held not to involve moral turpitude where there is no indication that fraud was<br />
involved). Because an <strong>immigration</strong> judge may elect to look beyond a vague record of conviction under<br />
Matter of Silva-Trevino, supra, counsel should attempt to plead specifically to false swearing of a nonmaterial<br />
fact. If that is not possible, counsel should keep evidence regarding materiality or fraudulent<br />
intent out of the record of conviction in case the <strong>immigration</strong> authorities (wrongly) attempt to use that in<br />
evaluating whether the offense is a CMT.<br />
Aggravated Felony as Perjury. Even if a sentence of a year or more is imposed, false swearing<br />
should not be considered an aggravated felony as perjury, because there is no requirement of materiality.<br />
See, e.g., discussion in Matter of Martinez-Recinos, 23 I&N Dec. 175 (BIA 2001) (Calif. statute requiring<br />
knowingly false sworn material statement is perjury). Still, as always counsel should obtain 364 days or<br />
less where possible. Even though there is no requirement of materiality, <strong>immigration</strong> judges may look to<br />
the record of conviction to determine whether the defendant’s false statement was material. See United<br />
States v. Aguila-Montes de Oca, 655 F.3d 915, 940 (9th Cir. 2011) (en banc).<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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