Monday, October 29, 2007

Misusing Social Security Number Obtained by Fraud is a "Crime Involving Moral Turpitude"

Hyder v. Keisler, No. 06-60644 (5th Cir. Oct. 25, 2007) (Reavley, Barksdale, Prado)

Those of you who represent aliens charged with crimes, and who therefore need to be mindful of the possible immigration consequences of a conviction for a particular offense, take heed: misusing a social security number obtained by fraud, under 42 U.S.C. ยง 408(a)(7)(A), is a "crime involving moral turpitude," which renders an alien statutorily ineligible for cancellation of removal.

That's really all there is to say about this case, although those of you who also handle immigration matters should take a look at pages seven through nine, where the court explains that its holding conflicts with the Ninth Circuit's decision in Beltran-Tirado v. I.N.S., 213 F.3d 1179 (9th Cir. 2000).

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