Safe Havens



 
 

§ 5.40 d. Judicial Decisions Identifying Safe Havens

 
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Finally, Chapter 8 collects capsule summaries of all judicial decisions holding that a specific conviction does not constitute an aggravated felony or crime of moral turpitude, organized according to the type of crime involved.  Cases holding a conviction is not a crime of moral turpitude are included with the decisions holding a conviction is not an aggravated felony for ease of reference, so counsel can find the favorable judicial decisions concerning both categories, aggravated felonies and crimes of moral turpitude, at the same time.  Counsel can attempt to find a judicial decision on point holding that a specific disposition is not an aggravated felony or crime of moral turpitude as a specific safe haven to rely on in an individual case, and then verify that disposition does not trigger any other ground of deportation.  At that point, the judicial decision can be the anchor of the safe haven, so long as counsel can defend the case under consideration against any possible distinction between the present case and the judicial decision identifying the safe haven.

 

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