Elephant
3 general buckets of crimes that are often considered Crimes Involving Moral Turpitude are: ______ , _______, and Violence
Theft, Fraud
Your client has a green card. What status does she have? Has she been "admitted"?
She is a legal permanent resident, which means she has been admitted.
Your client has been in the U.S. since 2010 to attend schools on a student visa and has not left since. Is she a legal permanent resident?
No. Visa-holders do not have green cards and are not legal permanent residents.
Your client has a record. They entered a plea of “nolo contendere” but the judge set it aside and ordered them to complete one year of probation, at which time the case will be dismissed. Is this a conviction for immigration purposes?
Yes, because the client entered a plea of guilty and probation counts as punishment, penalty, or restraint on liberty.
Your client said she is here on asylum status. Has she been "admitted"?
No.
Your client has had a green card for 25 years. Can they be deported?
Yes!
Is shoplifting a CIMT?
Yes
Your client is undocumented. During the SCH, you told the Clerk that your client is deeply remorseful and empathetic with the Complaining Witness. Does this count as admission of sufficient facts, which can trigger grounds of inadmissability?
No. Expressing remorse or empathy in an SCH is not going to constitute an admission of sufficient facts.
[DONE] Your client has a student visa. Has she been admitted? Does she have to worry about deportation?
[DONE] She has been admitted. She does have to worry about deportation because she is not a citizen.
Your client says that they had a passport, but it expired and they haven’t renewed it yet. Are they a U.S. citizen?
Yes! Even if the passport is expired, they have to be a citizen in order to get a passport in the first place.
Is destruction of property a CIMT?
Likely! If the statute involves an element of "violence," it is likely a CIMT.
Your client was born in Montana but moved to El Salvador when they were 2 years old. When they turned 25, they came back to the U.S. with their family. Can they be at risk for deportation?
No! If they were born in the U.S., they are a U.S. citizen and they cannot be deported.
[DONE] You get the police report for your client. You see a SSN, but the place of birth is not listed. Is your client a U.S. citizen?
[DONE] We don't know! Non-citizens can have a SSN.
Your client has Temporary Protected Status. Should they worry about grounds of inadmissibility, deportability, or both?
Both. TPS means the client has not yet been "admitted." They would be subject to both grounds of inadmissibility and grounds of deportability.
You're in CJI. Your client is a refugee from Vietnam. He is charged with possession with intent to distribute. He pled nolo contendre and the judge ordered that he get randomly drug tested for the next 6 months. The charge is eventually dismissed. Does this count as a conviction for immigration purposes?
Yes. The client is a refugee, which means he was lawfully "admitted," so he need only worry about grounds of deportation (for now).
As long as (1) the client admits to sufficient facts and (2) the judge orders him to do something, that's a conviction for immigration purposes.
[DONE] Your client is a noncitizen who crossed the border 15 years ago. She is charged with shoplifting at Nike. The police agreed to withdrawing the application for criminal complaint if your client wrote an apology letter to the complaining witness. In the letter, she specified that she is paying in order to "make Nike whole" and "end a stressful situation." Will this apology letter trigger any immigration consequences?
[DONE] Most likely not! Because the client crossed the border, she is presumptively not documented, which means she is not yet "admitted" into the U.S. That means that if she ever tries to get status, she will have to overcome "grounds of inadmissibility," which might only require admission to sufficient facts to be triggered.
This apology letter has not admitted guilt or fault, so it's likely not going to qualify as an "admission to sufficient facts."
[DONE] If your client is a noncitizen who has been "admitted," i.e. they made a lawful entry into the U.S., do they have to worry about grounds of inadmissibility, grounds of deportation, or both?
[DONE] They'd have to worry about grounds of deportation. As long as they continue staying in the U.S., they don't have to overcome grounds of inadmissibility until the next time they try to make an "admission" into the country (e.g. travel abroad and try to come back; try to get a green card or adjust status).
Your client is charged with possession of a weed pen. Might this count as a CIMT?
Is larceny under $1,200 a Crime Involving Moral Turpitude?
Yes
Your client has a record. Your client is a noncitizen and enters a plea of guilty. The judge set it aside and ordered your client to go to anger management classes. Is this a conviction for immigration purposes?
Yes because anger management classes is a punishment, penalty, or restraint on liberty because it is something that the client was subjected to the general public is not.
[DONE] You're working in CJI and trying to go for a Pre-Trial Probation plea with the prosecutor. Will this disposition count as a conviction for immigration purposes?
[DONE] No! Generally, Pre-Trial Probation does not count as a conviction for immigration purposes, but you need to make sure your client does not plead to sufficient facts or to guilt at any point.
Without a "conviction" (for immigration purposes), grounds of deportability cannot be triggered. True or False?
True.
You're working in CJI. Your client's charge got dismissed after a Continuance without Findings (CWOF). Does this count as a conviction for immigration purposes?
CWOFs count as a conviction for immigration purposes, unfortunately.
[DONE] Without a "conviction" (for immigration purposes), grounds of inadmissibility cannot be triggered. True or False?
[DONE] False. Many grounds of inadmissibility can be triggered if the noncitizen just admits to sufficient facts.
[DONE] Your client is charged with larceny under $1200. What is your best course of action to avoid a CIMT conviction in the future?
[DONE] E.g. Offering to pay restitution at the SCH (without a sufficient admission of facts)