Goldeshtein v. INS case brief

Goldeshtein v. INS case brief summary
8 F.3d 645 (1993)

CASE SYNOPSIS

Petitioner immigrant appealed from a decision of the Board of Immigration Appeals upholding the decision of respondent, Immigration and Naturalization Service, to deport petitioner due to his conviction for structuring financial transactions with domestic financial institutions to avoid currency reports in violation of 31 U.S.C.S. §§ 5324(3) and 5322(b).

CASE FACTS
Petitioner immigrant was convicted of structuring financial transactions with domestic financial institutions to avoid currency reports, in violation of 31 U.S.C.S. §§ 5324(3) and5322(b). Respondent, the Immigration and Naturalization Service, determined that petitioner was deportable. The Board of Immigration Appeals upheld respondent's decision, finding that the crime involved moral turpitude within the meaning of the Immigration and Nationality Act,8 U.S.C.S. § 1251(a)(4).


DISCUSSION

• On appeal, the court reversed and remanded, holding that the crime was not one of moral turpitude rendering petitioner deportable because the language of the statutes did not make intent to defraud the government an essential element of the offense. 
• In addition, moral turpitude was not implicit in the nature of the crime. 
• The offense did not necessarily involve fraud. 
• The offense required only the conducting of cash transactions in amounts of less than $ 10,000 with the intent to prevent reporting.

CONCLUSION

The court reversed the decision, since neither the language of the statute nor the inherent nature of the offense rendered petitioner deportable under the Immigration and Naturalization Act.

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