A Honduran man was denied permission to stay in the US and deported after being convicted for possession of a forged social security card with a counterfeit government seal. This conviction, which occurred in California, is grounds for deportation as a crime involving moral turpitude. He was convicted of multiple crimes in the U.S. and was sentenced to two weeks in prison and two years of probation for the conviction. He stated that his deportation would harm his 14-year-old son.
The convicted man argued that in California, the intent to defraud was not included in any of the three clauses of the statute under which he was convicted. However, in accordance with an earlier decision made by the Board of Immigration Appeals (BIA), a panel of three judges rejected this argument. The rejection is based on multiple previous state court rulings which found that the intent to defraud is not limited to a particular clause. In this case, the state conviction was ruled to be equivalent to the federal definition of forgery, which is defined as a crime involving moral turpitude under the Immigration and Nationality Act (INA). Crimes of these categories are grounds for deportation. According to California law, an attempt to defraud is a required element of any Section 472 offense, including possession-related charges.
He also argued that even if his actions are deemed a crime involving moral turpitude, he should still be eligible for cancellation of removal under a petty-offense exception. This can apply to those who have only committed one crime, with a maximum penalty of one year and a sentence of under six months. However, since he did not take this argument to the lower courts, the Ninth Circuit declined to make a ruling on it. The BIA also noted that the exception did not apply, and the matter was not further addressed.
If you have questions about a matter of deportation or any other immigration-related issue, contact us at ILBSG. Our extensive experience and understanding of immigration law ensures our clients get the right advice.
