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Vagueness

2022

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Renewing The Vagueness Challenge To Crimes Involving Moral Turpitude, Melissa London Jun 2022

Renewing The Vagueness Challenge To Crimes Involving Moral Turpitude, Melissa London

Washington Law Review

Noncitizens who have been convicted of a “crime involving moral turpitude” (CIMT) under the Immigration and Nationality Act (INA) can be deported. However, the INA fails to provide a definition for “moral turpitude” or a list of crimes that necessarily involve “moral turpitude.” As a result, judges are given wide discretion to decide when a crime is morally reprehensible enough to render a noncitizen deportable. This moral determination in the CIMT analysis has led to disparate results among the lower courts, which deprives noncitizens of meaningful notice of what conduct could render them deportable. In 1951, the Supreme Court held …