Crimes of Moral Turpitude

In order to trigger a CMT-based ground of removal (whether based on a conviction or “admission” of a CMT), the offense in question must be defined as a “crime” in the jurisdiction in which where the offense was committed.[141]  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 should not be considered a “crime” of moral turpitude.[142] 

[141] Ex parte Isojoki, 222 Fed. 151 (N.D. Cal. 1915).  See also 22 C.F.R. § 40.21(a)(1) (purposes of determining inadmissibility, the act must constitute a crime under the criminal law of the jurisdiction where the act occurred).

[142] 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).