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BIA Says Petty Offense Exception Applies to Crimes of Moral Turpitude

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The BIA ruled that the petty offense exception applies to crimes of moral turpitude and this means that an alien convicted of a such a crime is not barred from applying for cancellation of removal.
 

The "petty offense exception" listed at INA 212(a)(2)(A)(ii)(II) has enabled an alien applying for relief from removal to avoid ineligibility for relief that would ordinarily result from a single criminal conviction with a maximum possible sentence of less than one year.  Until now courts have been unclear on whether this exception applied to crimes involving moral turpitude.  This BIA decision confirmed that it does.

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