Crimes of Moral Turpitude



 
 

§ 9.68 4. False Statements - U.S. Citizenship

 
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False claim of U.S. citizenship. 

 

White v. INS, 6 F.3d 1312 (8th Cir. 1993), cert. den., 511 U.S. 1141, 114 S.Ct. 2162, 128 L.Ed.2d 886 (1994) (conviction under 18 U.S.C. § 911 (1988) for “falsely and willfully represent[ing] himself to be a citizen of the United States” held crime of moral turpitude);

Matter of Y, 7 I. & N. Dec. 697 (BIA 1958);

Matter of I, 4 I. & N. Dec. 159 (BIA 1950) (violation of 18 U.S.C. § 911 not a CMT; noncitizen’s admission before board of inquiry that he had committed perjury did not result in inadmissibility where plea was entered to lesser offense of making an oral false claim to United States citizenship), citing Matter of T, 56156/584 (January 4, 1944);

Matter of H, A-5918387 (56156/910) (May 1, 1944);

Matter of K, 3 I. & N. Dec. 69 (BIA 1947) (four convictions of violating 18 U.S.C. § 911, false claims to U.S. citizenship, did not preclude showing of Good Moral Character, because they “were all part and parcel of his attempt to hide his illegal entry,” and “were not motivated by any venal purpose.”).

 

            But see Matter of Schiano-Lomoriello, File No. A23-502-668, 12 Immigr. Rep. B1-117 (BIA 1993) (making a false statement to the INS was deemed to involve moral turpitude).

 

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