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: Legal Theory BlogHolper on Deportation for Crimes Involving Moral Turpitude & the Void for Vagueness Doctrine
By Lawrence Solum
Mary Holper (Roger Williams University School of Law) has posted Deportation for a Sin: Why Moral Turpitude is Void for Vagueness on SSRN. Here is the abstract:
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A major problem facing noncitizen criminal defendants today is the vagueness of the term ?crime involving moral turpitude? (CIMT) in deportation law. The Supreme Court in the 1951 case Jordan v. DeGeorge decided that a statute authorizing deportation for a CIMT was not void for vagueness because courts had long held the noncitizen?s offense, fraud, to be a CIMT, so he was on notice of his likely deportation. I argue that when noncitizens are charged with an offense that case law has not clearly delineated as a CIMT, the term is vague, since the definition used by the agency and courts, an act that is ?base, vile, depraved, and contrary to the rules of morality,? provides no useful definition. Rather, it casts judges in the role of God, deporting noncitizens for sin. Exacerbating this situation is the Supreme Court?s 2010 decision in Padilla v. Kentucky; since the Court held that defense counsel only has a Sixth Amendment duty to warn noncitizens about immigration consequences that are ?succinct, clear, and explicit? from the immigration statute, there is no clear obligation to warn about deportability for a CIMT. Scholars have thoroughly discussed the vagueness doctrine and also have begun to analyze the Court?s recent Padilla decision. This article is the first to address whether CIMT in deportation law is void for vagueness in a post-Padilla world.
Full post as published by Legal Theory Blog on October 06, 2011 (boomark / email).
Crimes Involving Moral Turpitude
The term ?crimes involving moral turpitude? refers to a category of crimes that are said to involve dishonesty, deceit, or a ?readiness to do evil.? The list of such crimes ranges from murder to perjury to theft offenses...
Copyright and the Vagueness Doctrine
Bradley E. Abruzzi, Berkman Center for Internet & Society, has published Copyright and the Vagueness Doctrine. Here is the abstract. The Constitution?s void-for-vagueness doctrine is itself vaguely stated...
PC 211 - A robbery is a crime involving moral turpitude that can result in deportation.
A recent petition denial by the United States Court of Appeals, Ninth Circuit, has established that robbery under California Penal Code 211 is a crime involving moral turpitude for purposes of the Immigration and Nationality Act (INA)...
Moral Turpitude
The District of Columbia Board on Professional Responsibility issued a report last week recommending that David Safavian be disbarred for his conviction of a crime involving moral turpitude...
IS THE TAX CODE VOID FOR VAGUENESS Courts strike down laws on vagueness grounds when an intelligen
IS THE TAX CODE VOID FOR VAGUENESS? Courts strike down laws on vagueness grounds when an intelligent person must necessarily be uncertain of their meaning. Vagueness is unfair both because it does not allow honest people to conform their conduct to the law, and because it vests excessive discretion in the law’s administrators...
Alabama: another judge, another year, and another way to dodge having to decide what a "crime involving moral turpitude" is
AP reports: Voter registrars could have to wait awhile longer to learn which felons can vote — and just what constitutes "moral turpitude" — because a judge said Wednesday she may dismiss a lawsuit filed by the American Civil Liberties...
Australia
Reported $4.5 million settlement for wrongful deportation.
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