Virginia Law Criminalizing Gang Activity Not Categorically a CIMT

On July 19, 2019 the US Fourth Circuit Court of Appeals issued its decision finding that the Virginia offense of participating in criminal street gang activity is not categorically a crime involving moral turpitude.

The Virginia statute, Va. Code § 18.2-46.2(A), which prohibits participation in a criminal street gang, is as follows:

Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang shall be guilty of a Class 5 felony.

The court reasoned that the statute criminalizes acivity which is not the requisite base, vile, and morally depraved conduct which must be found for it to be a crime of moral turpitude, using, as an example, a situation where a person wearing a gang scarf who trespassed onto property could be found guilty under the statute without any further criminal acts being involved.

This means that a simple conviction under this statute cannot be used as a basis for deportation of a person so convicted.

Steffanie J. Lewis is a founding attorney, vice president and secretary of IBLF and, since 1999. She is counsel to several corporations, including an international trade association, an international foundation, an international computer demographic marketing corporation, a U.S. airline with international routes, an international artist & company, a national medical laboratory, a national self defense association, and numerous individuals with claims in products liability, aviation and real estate contract, medical malpractice, and numerous criminal offenses.

In addition to her corporate role, Ms. Lewis supervises all immigration work, representing clients in Immigration Court and multiple Federal circuits, most actively in the Fourth Circuit dealing with the immigration implications of fraud, criminal matters, due process, and statute interpretation.

Albert Z. Lewis is the managing attorney of the law firm, responsible for the administration, and service for the various technologies being used.

Mr. Lewis’s particular specialties are the electronic filing done with the USCIS, as well as through the ECF systems for the US District Courts, as well as EDGAR, the computer filing system for the US Securities and Exchange Commission. He also appears regularly in Immigration Court, supervises all aspects of family-related immigration filings, and has written numerous appeal briefs for immigration and other appeals. He has represented children and adults under the Criminal Justice Act, through programs at the DC Superior Criminal Court as well as the DC Counsel for Child Abuse and Neglect.