Crimes of Moral Turpitude

(E)

Solicitation.  A number of older cases hold that solicitation offenses, committed with intent to commit a CMT, are themselves CMTs.[234]  However, these decisions generally predate the more recent decisions recognizing that various non-substantive offenses do not fall within a ground of deportation when Congress specifically included others, such as attempt and conspiracy. 

[234] See, e.g., Babouris v. Esperdy, 269 F.2d 621 (2d Cir. 1959), cert. den., 362 U.S. 913 (1960) (conviction of solicitation of men to commit an offense against nature held CMT, even if offense was labeled disorderly conduct); Wyngaard v. Rogers, 187 F.Supp. 527 (D.D.C. 1960), aff’d, 295 F.2d 184 (D.C. Cir. 1961), cert. den., 368 U.S. 926 (1961) (conviction under New York Penal Law § 722, of frequenting or loitering about a public place and soliciting men for purpose of committing crime against nature or other lewdness, was a conviction for crime involving moral turpitude); Matter of K, 3 I. & N. Dec. 575 (BIA 1949) (conviction of solicitation to commit sodomy).