context: B. The Basis For Determinations Although I disagree with giving any deference to the BIA's or the INS's conclusions about whether a particular crime is one necessarily involving moral turpitude, I agree with the majority that in determining whether the crime of which the alien has been convicted falls within one of the grounds for deportation under SS 241(a)(2)(A), both the court and the BIA look only at the definition of the crime under state law, and not at the underlying facts and circumstances of the alien's particular offense. Thus, in addition to the state-law definition of the crime charged, both the BIA and the reviewing court look only at the record of conviction, which includes the crime as described in the indictment or information, the plea, the verdict or judgment, and the sentence, but not any evidence offered in the case or other facts or circumstances involved.
citation_a.signal: but see
citation_a.identifier: 837 F.2d 753, 758
citation_a.parenthetical: court looked at "facts of the present case, where petitioner has acknowledged his false statements and the statements made to defraud the United States Government," to find that "the convie-tions may be considered as involving moral turpitude for purposes of denying voluntary departure."
citation_a.sentence: Cabral, 15 F.3d at 196 & n. 6; United States v. Chu Kong Yin, 935 F.2d 990, 1003 (9th Cir.1991) (BIA and reviewing court are limited to the record of conviction and may not look behind the record to the facts of the individual case); Alleyne v. U.S. INS, 879 F.2d 1177, 1185 (3d Cir.1989) (same); but see Kabongo v. INS, 837 F.2d 753, 758 (6th Cir.) (court looked at “facts of the present case, where petitioner has acknowledged his false statements and the statements made to defraud the United States Government,” to find that “the convie-tions may be considered as involving moral turpitude for purposes of denying voluntary departure.”), cert. denied, 488 U.S. 982, 109 S.Ct. 533, 102 L.Ed.2d 564 (1988); Wadman v. INS, 329 F.2d 812, 814 (9th Cir.1964) (“record of conviction” includes “the indictment or information, plea, verdict or judgment and sentence”); Matter of Ghunaim, 15 I. & N.Dec. 269, 270 (BIA1975) (record of conviction includes “charge or indictment, the plea, the judgment or verdict, and the sentence,” citing United States ex rel. Teper v. Miller, 87 F.Supp. 285, 287 (S.D.N.Y.1949)).
citation_b.signal: no signal
citation_b.identifier: 935 F.2d 990, 1003
citation_b.parenthetical: BIA and reviewing court are limited to the record of conviction and may not look behind the record to the facts of the individual case
citation_b.sentence: Cabral, 15 F.3d at 196 & n. 6; United States v. Chu Kong Yin, 935 F.2d 990, 1003 (9th Cir.1991) (BIA and reviewing court are limited to the record of conviction and may not look behind the record to the facts of the individual case); Alleyne v. U.S. INS, 879 F.2d 1177, 1185 (3d Cir.1989) (same); but see Kabongo v. INS, 837 F.2d 753, 758 (6th Cir.) (court looked at “facts of the present case, where petitioner has acknowledged his false statements and the statements made to defraud the United States Government,” to find that “the convie-tions may be considered as involving moral turpitude for purposes of denying voluntary departure.”), cert. denied, 488 U.S. 982, 109 S.Ct. 533, 102 L.Ed.2d 564 (1988); Wadman v. INS, 329 F.2d 812, 814 (9th Cir.1964) (“record of conviction” includes “the indictment or information, plea, verdict or judgment and sentence”); Matter of Ghunaim, 15 I. & N.Dec. 269, 270 (BIA1975) (record of conviction includes “charge or indictment, the plea, the judgment or verdict, and the sentence,” citing United States ex rel. Teper v. Miller, 87 F.Supp. 285, 287 (S.D.N.Y.1949)).