Matter of Logan

• Decision Date: 02 May 1980
• Docket Number: Interim Decision Number 2791,A-30374856
• Citation: 17 I&N Dec. 367
• Parties: MATTER OF LOGAN In Deportation Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

17 I&N Dec. 367

MATTER OF LOGAN

In Deportation Proceedings

Interim Decision Number 2791

A-30374856

Board of Immigration Appeals.

Decided by Board May 2, 1980

(1) A plea of nolo contendere is final and constitutes a conviction within the meaning of section 241(a)(4) of the Act. Matter of W----, 5 I&N Dec. 759 (BIA 1954) reaffirmed.

(2) Passing a worthless check in violation of Arkansas Statute Section 67-720 is a crime involving moral turpitude because intent to defraud is clearly an ingredient of the crime.

(3) The crime of interfering with a law enforcement officer (Arkansas Statute 41-2804) is analagous to assault, and where the record of conviction established the use of "deadly physical force by pulling a knife" in violation of Arkansas Statute #41-2804(2)(i), the crime was one involving moral turpitude.

CHARGE:

Order: Act of 1952 — Sec. 241(a)(4) [8 U.S.C. 1251(a)(4)] — After entry convicted of two crimes involving moral turpitude, to wit, passing worthless checks and interference with law enforcement officer.

ON BEHALF OF RESPONDENT: Michael A. Skipper, Esquire, 700 Tower Building, Little Rock, Arkansas 72201

BY: Milhollan, Chairman; Maniatis, Appleman, Maguire, and Farb, Board Members

The respondent appeals from the July 10, 1978, decision of an immigration judge finding him deportable as an alien who has been convicted of two crimes involving moral turpitude after the time of entry pursuant to section 241(a)(4) of the Immigration and Nationality Act, 8 U.S.C. 1251(a)(4). The appeal will be dismissed.

The respondent is a 51-year-old divorced male alien, a native of England and a citizen of Canada. The respondent last entered the United States on June 29, 1972. On July 10, 1975, he was convicted on a plea of guilty for the offense of passing a worthless check in violation of Arkansas Statute, Section 67-720.¹ On December 9, 1976, he was convicted on a plea of nolo contendere for the offense of interference with a law enforcement officer in violation of Arkansas Statute, Section 41-2804.² Based on the above the immigration judge found that the respondent was deportable for having been convicted of two crimes involving moral turpitude pursuant to section 241(a)(4) of the Act.

The sole ground of appeal is the respondent's contention that his conviction for interference with a law enforcement officer does not constitute a conviction for a crime involving moral turpitude and is insufficient grounds for deportation pursuant to section 241(a)(4) of the Act. Further the respondent contends that the Service did not meet its burden of proving that the crimes involved did not arise out of a single course of criminal misconduct.

We concur with findings of the immigration judge that the respondent was convicted of two crimes involving moral turpitude. As to the respondent's conviction for passing a worthless check, a review of the Arkansas Statute shows that guilty knowledge is required with the inclusion of the words "with intent to defraud." We have previously held that passing a worthless check is a crime involving moral turpitude if the statute imposes the requirement of guilty knowledge. Matter of McLean, 12 I&N Dec. 551 (BIA 1967); United States ex rel. Portada v. Day, 16 F.2d 328 (S.D.N.Y.1926).

The respondent's second conviction for interference with a law enforcement officer is also a crime involving moral turpitude. The respondent's plea of "nolo contendere" is final and constitutes a "conviction" within the statute authorizing deportation. Matter of W----, 5 I&N Dec. 759 (BIA 1954). Further, the conviction of the respondent was based on the fact that he knowingly threatened to employ deadly physical force, to wit: by pulling a knife on a law enforcement officer engaged in the performance...