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Criminal Resource Manual

1937. Appendix G -- Factual Allegations In Support Of Request For Judicial Order Of Deportation (CIMT)

Outdated—pending revision.

 

Factual Allegations in Support of Request for Judicial Order of Deportation (Crime Involving Moral Turpitude)

(8 U.S.C. § 1252a(d))

The United States Attorney Charges:

  1. The defendant, ____________, is not a citizen or national ofthe United States.
  2. Defendant is a native of____________, and a citizen of______________.
  3. Defendant entered the United States at/near ____________ on or about ____________, 19__.
  4. At that time, Defendant entered as a ______________.
  5. At the time of sentencing in this criminal proceeding,Defendant will be convicted in this court for the offense of___________, committed on or about __________, 19__, in violation of _____________.

Wherefore, at his sentencing, Defendant will be subject to deportation under Section 241(a)(2)(A)(i) of the Immigration and Nationality Act, as amended (Act), (8 U.S.C. § 1251(a)(2)(A)(i)), in that he will have been convicted of a crime involving moral turpitude committed within five years of entry and sentenced to confinement or confined therefor in a prison or correctional institution for one year or longer.

Accordingly, pursuant to Section 242A(d) of the Act, 8 U.S.C. § 1252a(d), the Government requests that this Court, after imposing sentence, order that the defendant be deported from the United States so that promptly upon his release from confinement herein, the Immigration and Naturalization Service may execute said deportation order according to applicable laws and regulations.

 Dated_____________  ______________________                         United States Attorney 

CONCURRENCE OF IMMIGRATION AND NATURALIZATION SERVICEBased upon the factual allegations stated above, on behalf of the Commissioner of the Immigration and Naturalization Service, I concur in the request by the Government herein that a judicial order of deportation be issued.

Dated_________________

_____________________
Name/Title/Office

[cited in Criminal Resource Manual 1926; USAM 9-73.500]