Safe Havens

In order to create a conviction-based ground of deportation, the conviction must be for a crime, as defined in the jurisdiction in which the offense was committed.[66]  Where the conviction is for a minor offense that is not designated as a crime in the jurisdiction in which it was committed, a conviction does not trigger deportation under conviction-based grounds.[67]  See § 4.11, supra.  In the context of drug offenses, this means that a non-crime “citation” or “violation” cannot be used to sustain a finding of deportability as an aggravated felony, controlled substances offense, or crime of moral turpitude.

[66] Ex parte Isojoki, 222 Fed. 151 (N.D. Cal. 1915).

[67] Matter of Eslamizar, 23 I. & N. Dec. 684, 687 (BIA Oct. 19, 2004); Matter of Van Dessel, 243 F.Supp. 328 (E.D. Pa. 1965) (fornication considered to be a minor offense); Matter of C, 2 I. & N. Dec. 367 (BIA 1945).