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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNow Live: Watch Live: Justin Bieber On Board Plane Detained at NJ Airport
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Now Live: Watch Live: Justin Bieber On Board Plane Detained at NJ Airport (Original Post)
Ptah
Jan 2014
OP
taterguy
(29,582 posts)1. Thanks!
Oh wait, let me be one of the first to say I don't give a flying fuck.
Ptah
(33,032 posts)2. Is this a poll?
no
DemocraticWing
(1,290 posts)3. What did he do to Christie?
flamingdem
(39,313 posts)11. LOL!
FarCenter
(19,429 posts)4. He should have been deported and barred from entering the US already.
former9thward
(32,030 posts)6. No legal basis for that.
He has a legal visa to be in the country. You can't be deported unless you commit a crime of "moral turpitude." What he has does done legally does not reach that standard.
FarCenter
(19,429 posts)8. What Counts as a Crime of Moral Turpitude Under Immigration Law
"Crimes of moral turpitude" are not well defined in U.S. immigration law. However, the Department of State has provided guidance, noting that the most common elements of a moral turpitude crime will include "fraud, larceny, and intent to harm persons or things." Crimes involving dishonesty and theft will almost always be considered crimes of moral turpitude. Other examples would be assault with the intent to rob or kill, spousal abuse, and aggravated driving under the influence ("DUI" or "DWI" .
As there are too many examples of crimes that have been found to involve moral turpitude to list here, it is safest to take a certified disposition of your offense (obtained from the clerk of the court where your case was heard) to a criminal or immigration attorney in order to learn whether your particular type of conviction has been found to be one.
When evaluating whether a crime involves moral turpitude, U.S. courts will examine the elements of the crime first and then compare them to "the generic definition of a crime involving moral turpitude." (This comes from the court case Castrijon-Garcia v. Holder, No. 09-73756, January 9, 2013.)
It may be possible to argue that your conviction should not be classified as a crime of moral turpitude, or that the statute that you violated contains elements that would not always pertain to a crime of moral turpitude. These types of defenses will be highly dependent upon the wording of the statute under which you were convicted. Criminal statutes almost always come from state law, so you may be raising brand new questions about how these statutes are interpreted under federal immigration law.
As there are too many examples of crimes that have been found to involve moral turpitude to list here, it is safest to take a certified disposition of your offense (obtained from the clerk of the court where your case was heard) to a criminal or immigration attorney in order to learn whether your particular type of conviction has been found to be one.
When evaluating whether a crime involves moral turpitude, U.S. courts will examine the elements of the crime first and then compare them to "the generic definition of a crime involving moral turpitude." (This comes from the court case Castrijon-Garcia v. Holder, No. 09-73756, January 9, 2013.)
It may be possible to argue that your conviction should not be classified as a crime of moral turpitude, or that the statute that you violated contains elements that would not always pertain to a crime of moral turpitude. These types of defenses will be highly dependent upon the wording of the statute under which you were convicted. Criminal statutes almost always come from state law, so you may be raising brand new questions about how these statutes are interpreted under federal immigration law.
http://www.nolo.com/legal-encyclopedia/crimes-that-will-make-immigrant-deportable.html
DWI and assault and battery of a limo driver don't count?
former9thward
(32,030 posts)10. His DUI was a simple one and a misdemeanor.
The battery of the limo driver is a misdemeanor. Moral turpitude crimes are crimes which "shock the public conscious." These crimes just won't do it.
FarCenter
(19,429 posts)13. I can't find any "shock the public conscious" requirement
Passing bad checks is a crime involving moral turpitude, for example.
former9thward
(32,030 posts)14. That is how it was described to me in law school.
I'm sure its not in any law because it would be too vague.
LuvNewcastle
(16,847 posts)5. Drugs?
Comrade Grumpy
(13,184 posts)7. Customs inspectors thought they smelled pot on board.
That would be dumb. You can call up a guy and get it delivered by courier in NYC.
LuvNewcastle
(16,847 posts)9. Well....young and dumb is what we're dealing with here.
L0oniX
(31,493 posts)12. What will the NSA do now?