2 Matching Annotations
  1. Oct 2023
  2. Oct 2022
    1. Finally, non-citizens can face potential immigration-related issues as a result of this otherwise-minor charge. Though immigration questions relating to criminal arrests and convictions are very complicated, the Immigration and Naturalization Act does plainly make a non-citizen deportable for a conviction of a crime involving moral turpitude. Moreover, theft of services (Penal Law 165.15) is probably a crime involving moral turpitude, meaning that a non-citizen could conceivably be deported or denied entry back into the United States for a conviction of this charge.

      Immigration consequences of fare beating. With that being said, there is no precedent decision on whether theft of public services under NYPL 165.15(3) is a categorical CIMT, and both Second and Third Circuit left the matter unresolved in non-precedent decisions. BIA has found in at least two non-precedent decisions that it is a CIMT. Does not appear to come up often in the context of removal charges.