Beth Werlin, Deputy Legal Director for the American Immigration Council, discusses the recent...
Crimes Involving Moral Turpitude
Conviction for a “crime of moral turpitude” constitutes both a ground of inadmissibility and removability under the Immigration and Nationality Act. The LAC has engaged in litigation and advocacy on important questions regarding this issue, including how long after arrival in the United States such a crime may render a noncitizen subject to removal, and what evidence immigration courts may consider in determining whether a crime involved moral turpitude.
Board of Immigration Appeals
Matter of Alyazji, (BIA amicus brief submitted Jan. 21, 2010). In a precedent decision, Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011), the Board partially overruled Matter of Shanu, 23 I&N Dec. 754 (BIA 2005), and held that, consistent with the LAC’s position, the “date of admission” in INA § 237(a)(2)(A)(i) applies to the date of the admission by virtue of which an individual was present in the U.S. at the time the crime was committed.
Letter to Attorney General Holder (submitted March 3, 2009). This letter requests that Attorney General Holder withdraw the opinion issued by Attorney General Mukasey in Matter of Silva-Trevino, 24 I & N Dec. 687 (A.G. 2008) (holding that immigration judges may consider evidence outside a noncitizen’s record of conviction to determine if the crime involved moral turpitude).