In the Matter of Perez-Contreras

12 Cited authorities

State v. McGary
37 Wn. App. 856 (Wash. Ct. App. 1984) Cited 68 times
In McGary, the defendant McGary challenged the sufficiency of the evidence to support his conviction for taking a motor vehicle without permission.
Okabe v. Immigration and Naturalization Serv
671 F.2d 863 (5th Cir. 1982) Cited 35 times
Holding that offering a bribe is a CIMT because "a corrupt mind is an essential element of the offense"
State v. Sample
52 Wn. App. 52 (Wash. Ct. App. 1988) Cited 13 times
Comparing third degree assault with simple assault, which was later recodified as fourth degree assault
Winestock v. Immigration Naturalization Serv
576 F.2d 234 (9th Cir. 1978) Cited 19 times
Holding a crime with an element of "intent to defraud" is a CIMT
State v. Serr
35 Wn. App. 5 (Wash. Ct. App. 1983) Cited 12 times
Finding no prosecutorial vindictiveness when the State carried out a threat to file a habitual criminal charge against the defendant if he refused to plead guilty
Hirsch v. Immigration and Naturalization Serv
308 F.2d 562 (9th Cir. 1962) Cited 34 times
Holding that a federal statute prohibiting false statements was not a CIMT because “the jury could convict if it found that petitioner had ‘knowingly’ but without evil intent, made a ‘false’ but not ‘fraudulent’ statement”
United States v. Day
54 F.2d 336 (2d Cir. 1931) Cited 23 times
Stating that "it is in the intent that moral turpitude inheres"
United States v. Karnuth
30 F.2d 825 (W.D.N.Y. 1929) Cited 14 times
In United States ex rel. Mongiovi v. Karnuth, D.C., 30 F.2d 825, the alien pleaded guilty to an indictment for manslaughter, second degree.
Ciambelli v. Johnson
12 F.2d 465 (D. Mass. 1926) Cited 8 times
Finding that petitioner alien who, while holding a razor, had committed assault and battery on a police officer attempting to break up a group fight in which petitioner was engaged, had not committed crime of moral turpitude because "[i]f one ordinarily lawabiding, in the heat of anger, strikes another, that act would not reveal such inherent baseness or depravity as to suggest the idea of moral turpitude"
U.S. v. Warden of Eastern St. Penitentiary
45 F.2d 204 (E.D. Pa. 1930) Cited 4 times
No. M-268. November 20, 1930. Samuel W. Salus, of Philadelphia, Pa., for relator. Charles M. Bolich, Asst. U.S. Atty., of Allentown, Pa., for respondents. Habeas corpus by the United States, on the relation of Joseph Shladzien, against the Warden of the Eastern State Penitentiary and another. Decree remanding relator to custody of Commissioner of Immigration for execution of deportation order. DICKINSON, District Judge. A ruling in this case has awaited the filing of briefs. This cause presents features
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,154 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 9A.08.010 - General requirements of culpability
Wash. Rev. Code § 9A.08.010 Cited 685 times
Defining "intent" to mean that " person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result which constitutes a crime."

In the Matter of Perez-Contreras

12 Cited authorities

In McGary, the defendant McGary challenged the sufficiency of the evidence to support his conviction for taking a motor vehicle without permission.

Holding that offering a bribe is a CIMT because "a corrupt mind is an essential element of the offense"

Comparing third degree assault with simple assault, which was later recodified as fourth degree assault

Holding a crime with an element of "intent to defraud" is a CIMT

Finding no prosecutorial vindictiveness when the State carried out a threat to file a habitual criminal charge against the defendant if he refused to plead guilty

Holding that a federal statute prohibiting false statements was not a CIMT because “the jury could convict if it found that petitioner had ‘knowingly’ but without evil intent, made a ‘false’ but not ‘fraudulent’ statement”

Stating that "it is in the intent that moral turpitude inheres"

In United States ex rel. Mongiovi v. Karnuth, D.C., 30 F.2d 825, the alien pleaded guilty to an indictment for manslaughter, second degree.

Delineating crimes that make alien deportable

Defining "intent" to mean that " person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result which constitutes a crime."