A noncitizen has two convictions for petty theft. What is the correct ground of deportability if sentenced to 5 months in jail and 1 year probation on the second conviction?

• A. INA § 212(a)(2)(A)(i)(I)
• B. INA § 237(a)(2)(A)(v)
• C. INA § 237(a)(2)(A)(ii)
• D. INA § 212(a)(2)(B)

Answer: (C)

The correct answer is based on the provisions outlined in the Immigration and Nationality Act (INA) regarding deportability for criminal convictions. Specifically, under INA § 237(a)(2)(A)(ii), a noncitizen is deportable if they have been convicted of two or more crimes involving moral turpitude (CIMTs) after admitting to having committed them and the crimes were not arising out of a single scheme of criminal misconduct.

In this case, having two convictions for petty theft qualifies as crimes involving moral turpitude. Since the noncitizen was sentenced to 5 months in jail for the second conviction, which is a significant factor, they meet the criteria for deportability under this section. The statute highlights that a noncitizen can be subject to deportation based on the number and nature of convictions related to moral turpitude, and the punishment imposed adds weight to the violations.

The other options relate to different grounds for inadmissibility or deportability. One deals with a single crime of moral turpitude with no specific mention of the sentence length. Another option addresses an individual with one or more CIMTs for which a sentence of one year or more was imposed, which isn't applicable here due to the sentencing specifics outlined