quick reference chart and annotations for determining immigration ...

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