BIA allows admission of evidence outside of the record of conviction ONLY only where the conviction record itself does not conclusively demonstrate whether the alien was convicted of engaging in conduct that constitutes a crime involving moral turpitude.
Posted on May 15, 2011 8:45am PDT
Could it be made any more expansive. So now if the entire record of conviction is not enough to prove its a Crime Involving Moral Turpitude (CIMT), the Government can go get whatever else they can find to make it a CIMT, even though a competant criminal judge convicted the peron of a crime that is NOT a CIMT. Matter of AHORTALEJO-GUZMAN, 25 I&N Dec. 465 (BIA 2011).
Ricky Malik, Esq.
Law Offices of Ricky Malik, P.C.