Immigration Law
Matter of M-, 20 I&N Dec. 145 (BIA 1996)
Study notes for Matter of M-: professor notes, cold call prep, exam angles, and memory aids.
A conviction for a crime involving moral turpitude can render a lawful permanent resident deportable under the INA.
Professor will likely emphasize the importance of understanding what constitutes a 'crime involving moral turpitude' and how this finding impacts a lawful permanent resident's immigration status. The case serves as an illustration of the broad interpretation by the Board of Immigration Appeals (BIA) regarding moral turpitude, particularly in the context of serious offenses. Moreover, the rationale behind the deportation statutes and their application to lawful permanent residents is crucial, as it underscores the delicate balance between criminal justice and immigration control.
Moral Turpitude in Violent Crimes = Deportation
| Case | Distinction |
|---|---|
| Matter of Silva | In Matter of Silva, the BIA found that the offense did not involve moral turpitude due to its lesser degree of severity compared to violent crimes. |
| Matter of O- | Matter of O- involved an offense categorized as a misdemeanor without moral turpitude, highlighting the different thresholds for deportation. |
Supporting the rule underscores the state's interest in maintaining public safety and integrity of immigration laws by removing individuals with violent criminal histories.
Opposing the rule may highlight concerns about due process and the potential for harsh consequences on individuals who have rehabilitated or pose no current threat.
This case is likely to appear on exams as a foundational example of how the BIA approaches deportability cases involving convictions of moral turpitude, particularly in relation to violent crimes.