Safe Havens

(A)  Elements of this Ground of Deportation.  A noncitizen convicted of a violation of any provision of the Military Selective Service Act[1478] is deportable.[1479]  NOTE: Selective Service offenses are particularly defined in § 462.  This statute prohibits knowingly (1) failing to carry out any duty provided by this Act or regulations, (2) making any false or improper decision or statement under the law or regulations, (3) otherwise evading registration or service, or (4) interfering with the administration of the law, or attempting or conspiring to do so, and establishes a maximum penalty of five years and $10,000 fine.[1480]  It also penalizes knowingly (1) transferring false identification or Selective Service document for the purpose of aiding the making of any false identification or representation, (2) possessing any Selective Service certificate not issued to him or her for the purpose of false identification or representation, (3) changing any such certificate, (4) counterfeiting any such certificate with intent that it be used for any purpose of false identification or representation, (5) possessing any counterfeit or false certificate, or (6) violating or evading any provision of this Act or regulations, and provides a maximum penalty of five years imprisonment and a $10,000 fine.[1481]  NOTE: It may be important to verify that the noncitizen has not received a pardon under the various Executive Orders relating to amnesty for draft offenders following the Vietnam War.[1482]  A Presidential Pardon will excuse a conviction of a crime of moral turpitude, and, arguably, deportability and all other adverse immigration (and other legal) consequences flowing from the pardoned conviction.  See § 4.26, supra.

[1478] 50 U.S.C. App. § § 451-471a.

[1479] INA § 237(a)(2)(D)(iii), 8 U.S.C. § 1227(a)(2)(D)(iii).

[1480] 50 U.S.C. App. § 462(a).

[1481] 50 U.S.C. App. § 462(b).

[1482] See 50 U.S.C. App. § 462, pp. 394-398 (1990).