Safe Havens

(B)  Foreign offenses.  In the context of crimes of moral turpitude based on foreign convictions, however, the BIA has held that they can consider matters beyond the statute or conviction record.[72]

[72] Chiaramonte v. INS, 626 F.2d 1093, 1099 (2d Cir. 1980) (the court distinguished the Lennon decision, since the elements of the crime of conviction under Italian statute were equivalent to larceny as understood in U.S. law); Lennon v. INS, 527 F.2d 187 (2d Cir. 1975) (the court examined British judicial opinions to determine whether conviction of violating British statute required guilty knowledge as an essential element); De Lucia v. Flagg, 297 F.2d 58 (7th Cir. 1961), cert. den., 369 U.S. 837, 82 S.Ct. 867 (1962) (record of conviction disclosed Italian homicide conviction was equivalent to voluntary manslaughter conviction under United States law); Matter of S, 9 I. & N. Dec. 496 (BIA 1961) (record disclosed Peru homicide conviction was equivalent to voluntary manslaughter under United States law); Matter of M, 9 I. & N. Dec. 132 (BIA 1960) (Italian conviction for swindling and forgery involved criminal intent; violation of domicile did not; independent study made of conviction records and statutes); Matter of M, 2 I. & N. Dec 686 (1946) (Canadian auto-theft conviction held not CMT, since defendant was a minor at the time of the offense and evidence showed he intended only “joy-riding” rather than a permanent taking); Matter of T, 2 I. & N. Dec. 22 (AG 1944) (court considered facts in Canadian theft conviction record and admissions of noncitizen to determine whether the defendant intended to deprive the owner of the property permanently).