Written by attorney Brian David Lerner

Particular Types of Crimes of Moral Turpitude in Deportation or Removal Hearings

Particular types of Crimes of Moral Turpitude

Particular crimes involving moral turpitude for purposes of removal include:

(1) bad check charge;

(2) blackmail;

(3) forgery including uttering a forged prescription for narcotic drugs or any other writing with the intent to defraud the United States Government, or transportation of a forged and altered security in foreign commerce

(4) burglary and unlawful entry with intent to commit larceny

(5) incest;[

(6) rape, statutory rape, carnal abuse of a female child, indecent assault, or willful failure to register as a sex offender;

(7) bigamy consensual sodomy; oral sex perversion; being a lewd, wanton, and lascivious person in speech and behavior;[16] or offering to secure another for the purpose of prostitution and renting rooms with the knowledge that such rooms were to be used for the purposes of prostitution

(8) obtaining money by means of a fraudulent scheme involving cheating or swindling;

(9) concealing assets from a trustee in bankruptcy;

(10) possession of stolen mail, or using the mails in a scheme to defraud;

(11) perjury;

(12) larceny in any form, whether grand or petit, and an attempt to commit grand larceny;

(13) an attempt to defeat and evade income tax with intent to defraud the government;

(14) engaging in the business of a distiller of alcohol with intent to defraud the United States of the tax on distilled spirits; failure to pay an occupational tax required for the sale of liquor with intent to defraud the United States, or concealing distilled spirits with intent to defraud the United States of tax;

(15) conspiracy to defraud the United States, including conspiring with others to commit an offense against and to defraud the United States by carrying on the business of a wholesale liquor dealer while willfully failing to pay the special tax required to be paid by wholesale liquor dealers;

(16) murder;

(17) voluntary manslaughter;

(18) involuntary manslaughter, manslaughter in the first degree involving homicide committed without a design to effect death in the heat of passion, but in a cruel and unusual manner or by means of a dangerous weapon,[34] or manslaughter in the second degree involving criminally reckless conduct

(19) mayhem as defined by state statute requiring the act be done voluntarily, maliciously, or on purpose;

(20) assault and battery with intent to kill, with a dangerous or deadly weapon, with intent to rob,[39] or with the intention of ousting persons from the possession of their property to the end that the usurper may use the same for his own enjoyment and to the danger of the community;

(21) carrying a concealed and deadly weapon with intent to use the weapon against another person;

(22) willfully and knowingly making a false statement in an application for a passport with intent to induce and secure the issuance of a passport, or making of a false statement in the acquisition of a firearm;

(23) issuing an insufficient funds check with intent to cheat and defraud, or passing a worthless check with intent to defraud;

(24) child beating;

(25) robbery;

(26) bribery;

(27) counterfeiting, or passing, uttering, publishing, mailing, or possessing counterfeit obligations with intent to defraud;

(28) receiving and concealing stolen goods knowing them to be stolen;

(29) smuggling liquor with intent to defraud the United States of tariffs;

(30) encumbering mortgaged property with an intent to defraud;

(31) interfering with a law enforcement officer involving the use of deadly physical force;

(32) conspiracy, mail fraud, and wire fraud;

(33) obtaining student loans by fraud and false statements in violation of 20 USCA ß 1097(a) and making material false statements in violation of 18 USCA ß 1001;

(34) knowingly and willfully obtaining Pell grant funds0

(35) theft and conversion of United States government funds;

(36) obstruction of justice (providing a false name and driver’s license to police officers to prevent arrest for driving with revoked license);

(37) money laundering to conceal drug proceeds is a crime of moral turpitude;[60]

(38) possession of child pornography;

(39) knowingly harboring and concealing a person for whose arrest a warrant has been issued and misprision of felony;

(40) conviction for spousal abuse under California law;

(41) money laundering in violation of New York law;

(42) trafficking in counterfeit goods

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