Safe Havens

A plea to misprision of a felony under 18 U.S.C. § 4 would not be considered a conviction relating to a controlled substance, or an aggravated felony (as obstruction of justice).[80]  One court, however, has held this misprision offense to be a CMT.[81]  The reasoning is very illogical, and ignores a great deal of pertinent law, so it is questionable whether other circuits, especially the Ninth Circuit, would follow it.  It is at a minimum likely that a misprision conviction would not be considered a CMT unless the substantive felony involved were in fact a CMT.  Unfortunately, the drug trafficking substantive offense involved here is considered a CMT.[82]  Only if the record of conviction could be kept clear of any reference to drug trafficking as the substantive offense underlying a conviction of misprision of a felony would it be possible to avoid a CMT conviction in a jurisdiction holding misprision to be a CMT.

[80] Matter of Espinoza-Gonzalez, 22 I. & N. Dec. 889 (BIA 1999) (misprision of a felony conviction under 18 U.S.C. § 4 does not constitute an “obstruction of justice” conviction under INA § 101(a)(43)(S), 8 U.S.C. § 1101(a)(43)(S), and is therefore not an aggravated felony conviction regardless of sentence).

[81] Itani v. Ashcroft, 298 F.3d 1213 (11th Cir. April 22, 2002) (federal conviction for misprision of a felony, in violation of 18 U.S.C. § 4, constitutes a crime of moral turpitude for purposes of triggering deportation).

[82] Matter of Khourn, 21 I. & N. Dec. 1041 (BIA 1997) (distribution of cocaine, under 21 U.S.C. § 841(a)(1) (1988), is a conviction for a crime involving moral turpitude, where knowledge or intent is an element of the offense).