Interim Decision #2417 

MATTER OF ROSARIO 

In Deportation Proceedings 

A-30143074 

Decided by Board August 4, 1975 

Conviction of "first degree manslaughter" (homicidio voluntario) in violation of section,635 

of Title 33 of the Laws of Puerto Rico, is conviction of a crime involving moral turpitude. 

CHARGE: 

Order: Act of 1952—Section 241(a)(4) [8 U.S.C. 1251(a)(4)1—Convicted of crime involving moral turpitude committed within 5 years after 

entry—First Degree Manslaughter 

ON BEHALF OF FESPONDENT: Richard Ramos-Algarin, Esquire 

Box 7037 

Barrio Obrero 

Santurce, Puerto Rico 00916 

This is an appeal from a decision of an immigration judge dated April 

3, 1974 finding the respondent deportable under section 241(a)(4) of the 

Immigration and Nationality Act and ordering his deportation to the 

Dominican Republic. The appeal will be dismissed. 

The respondent is a 58-year-old male alien who is a native and citizen 

of the Dominican Republic. He was admitted to the United States as a 

lawful permanent resident on November 27, 1970. On January 17, 1973, 

the respondent was convicted of "First Degree Manslaughter" 

(HomicidioVohattario) in the Superior Court, San Juan, Puerto Rico. 

Section 241(a)(4) of the Act provides in part that an alien who has 

been convicted of a crime involving moral turpitude committed within 

five years after entry and sentenced to confinement for a year or more is 

deportable. The crime for which the respondent was convicted was 

committed on October 30, 1972 which was within five years of his entry. 

On March 29, 1973 he was sentenced to confinement in prison for five 

years, his sentence was suspended and he was placed on probation. 

The only issue on this appeal is whether or not the crime for which the 

respondent was convicted involves moral turpitude. Section 635 of Title 

33 of the Laws of Puerto Rico provides: 

"Manslaughter in the unlawful killing of a human being without malice. It is two kinds: 

1. Voluntary—u3on sudden quarrel or heat or passion. 2. Involuntary— in the commis416 
Interim Decision #2417 

sion of an unlawful act, not amounting to a felony, or in the commission of a lawful act 

which might produce death, in a unlawful manner, or without due caution or circumspection." 

The indictment, the minutes of the trial and the sentence, all part of 

the record of conviction refer to the crime here involved as "First 

Degree Manslaughter" in English translation. Counsel for the respondent indicates that manslaughter is not divided into degrees under 

Puerto Rican law, but is classified as voluntary or involuntary. Counsel 

conceded that the respondent was convicted of voluntary manslaughter 

but argues that voluntary manslaughter is not a crime involving moral 

turpitude became it is an unlawful killing without malice. 

This contention is without merit. It is well settled that voluntary 

manslaughter—which, under Puerto Rican law is an intentional killing 

of a human beings is a crime involving moral turpitude. Matter of Lopez, 

13 I. & N. Dec. 725 (BIA 1971); Matter of B–, 4 I. & N. Dec. 493 (BIA 

1951); cf. Matter of Glvicnaim, 15 L & N. Dec. 269 (BIA 1975). 

The decision of the immigration judge was correct. Accordingly, the 

appeal will be dismissed. 

ORDER: The appeal is dismissed. 

1People V. Figueroa, 80 P.R.R. 317, 321(1958); el. People v. Cruz, 49 P.R.R. 637, 641 

(1936); People v. Cortex, 42 P.R.R. 880, 887 (1981); see Aso Peopio v. Ortiz, 86 P.R.R. 431 

(1962) 

417