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Possession Of Child Porn Deportable Offense, 3rd Circ. Says

Possession Of Child Porn Deportable Offense, 3rd Circ. Says

The Third Circuit refused last week to hear arguments by an Argentine fighting deportation after he pled guilty to possessing child pornography, finding that his conviction made him removable under a federal statute.

In a precedential 12-page opinion, the panel held that the Board of Immigration Appeals correctly ordered 49-year-old Emilio Fabian Moreno to be deported after the board found that his conviction under Pennsylvania’s “sexual abuse of children” statute was within the federal statute’s definition of crimes involving moral turpitude.

The panel rejected Moreno’s arguments that the conduct for which he was convicted under the state statute did not constitute a crime of moral turpitude under federal statute.

“Pennsylvania’s community consensus, as gauged by case law and legislative enactments, condemns the least culpable conduct punishable under [state statute] as morally turpitudinous,” the panel said on Monday. “We therefore will deny Moreno’s petition for review.”

Moreno came the U.S. from Argentina in May 1980. He pled guilty to possessing child pornography in August 2015 and was sentenced to five years of probation, according to the decision. The U.S. Department of Homeland Security began removal proceedings against Moreno in August 2016, and he challenged them on the basis that his state conviction did not qualify as a crime of moral turpitude under the federal statute.

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