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Statutory Interpretation: Hubert and the Idea of Moral Turpitude

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Essay / Research Paper Abstract

This 4 page paper uses a client-supplied summary of Section 241(a) of the Immigration and Nationality Act of 1952, 66 Stat. 204, 8 U.S.C.A. Sec. 1251 (a) to explain why a resident alien cannot be deported under this section.

Page Count:

4 pages (~225 words per page)

File: D0_HVSec241.rtf

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Unformatted sample text from the term paper:

inexact term that can be interpreted in any number of ways, but usually carries with it connotations of immoral or depraved behavior. That is, the person accused of committing an act to which this particular appellation may be applied may be considered to have known beforehand that what he was about to do would be generally disapproved of by society, as much on moral grounds as legal ones. That does not seem to be the case here. The statute under which Hubert is to be deported is Section 241(a) of the Immigration and Nationality Act of 1952. The statute has two major parts, neither of which is applicable. The first says that any alien in the U.S. may be deported upon order of the Attorney General if he or she is "convicted of a crime involving moral turpitude committed within five years after entry and either sentenced to confinement or confined therefore in a prison or corrective institution for a year or more." The first crime of which Hubert was convicted was destroying draft records. Although it is somewhat unusual to find a resident alien involved in anti-war protest activities, it is to be assumed that he has a specific reason for doing so. Perhaps he knew people who were about to be drafted, or perhaps he had a moral objection to the Vietnam War, in which the U.S. played the leading role among Western industrialized nations. His reasons for the protest are not given, but what is known is that nowhere in the description of his first crime is the mention of any consideration of moral turpitude. In fact, considering the way Vietnam tore the United States in two, there is no question that some people would have found his actions heroic, not criminal. He was engaging ...

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