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.

In Matter of Heredia-Pedroza, the BIA agreed with the government that shoplifting was a crime of moral turpitude, but found that because it was a misdemeanor with a maximum sentence of six months in jail and a fine not exceeding $1,000, the crime fell within the definintion of the petty offense exception.  The fact that it was a crime of moral turpitude did not affect eligibility for the exception.  The court noted that under the rule only one conviction was eligibile for the petty offense exception.

Click here to read Matter of Pedroza, 25 I&N Dec. 312 (BIA 2010)