Nir Goldeshtein v. Immigration and Naturalization Service

These consolidated cases present the question whether structuring financial transactions with domestic financial institutions to avoid currency reports, in violation of 31 U.S.C. §§ 5324 (a)(3) and 5322(b), is a crime involving moral turpitude within the meaning of the Immigration and Nationality Act (“INA”). We hold that it is not. Accordingly, we grant the petition for review in No. 91-70573, reverse the decision of the Board of Immigration Appeals (“BIA”), and remand with instructions to terminate the deportation proceedings.

I. FACTUAL & PROCEDURAL BACKGROUND

Nir Goldeshtein is a native and citizen of Israel; he last entered the United States in June 1984. In December 1984, he married Zoe Lawton; she is a United States citizen. On May 30, 1985, on the basis of his marriage, Goldeshtein became a lawful permanent resident of the United States. In March 1989, Goldeshtein pleaded guilty to one count of conspiracy to violate federal currency laws, in violation of 18 U.S.C. § 371 , and two counts of structuring financial transactions with domestic financial institutions to avoid currency reports, in violation of 31 U.S.C. §§ 5324 (a)(3) and 5322(b) and 18 U.S.C. § 2 . Goldeshtein…