IMMIGRATION UPDATES & NEWS
Eighth Circuit Court of Appeals Hold that Conviction For Unlawfully Using a Social Security Number was a CIMT.
Feb 3, 07:21 PM
The Eighth Circuit Court of Appeals held that the BIA did not err in concluding alien’s conviction for unlawfully using social security number under 42 U.S.C. sec. 408(a)(7)(A) constituted crime involving moral turpitude under 8 U.S.C. se. 1227(a)(2)(A)(ii).
Alien was not exempt under section 408(d), because his conduct occurred after January 4, 1991, and the legislative history does not apply to the moral turpitude involved in his conviction. It was reasonable to conclude alien’s conviction involved moral turpitude.
Excerpt:
“‘The mere fact that Congress chose to exempt a certain class of aliens from prosecution for certain acts does not necessarily mean that those acts do not involve moral turpitude in other contexts.”
The full decision is linked here.