Thread: Russell Crowe’s Possible Dilemma with Immigration

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Entertainment : Russell Crowe’s Possible Dilemma –Bashyam & Spiro Explains

Posted by Laura Linderman on 2005/8/25 20:10:00
A lot of jokes have been told around the office water cooler about wanting to be a hotel worker after Russell Crowe’s alleged attack on hotel concierge Nestor Estrada. How many of us would get in line to get hit with a telephone for $5 million dollars?

But to Crowe, who faces possible severe immigration consequences if the matter goes to trial, it’s no joking matter. The New Zealand-born actor could be refused permission to enter the United States again should he be convicted on an assault charge. That of course would greatly complicate Crowe’s movie making career in America, limiting the range of films he would be eligible to appear in, and removing his ability to attend any American movie industry events. Estrada claims the actor threw a phone handset at him after reportedly saying: “It’s absolutely worthless. So I figured I’d come down and give it back to you.�



“If Crowe is found guilty of a crime involving moral turpitude, it could have severe potentially devastating consequences,� said Rob Spiro, partner, Bashyam & Spiro, a Raleigh based immigration law firm. “The Immigration and Nationality Act does not provide us with a definition of ‘crimes involving moral turpitude.’ So we look to case law to provide us with the definition, and determinations often must be made on a case by case basis.�

According to Spiro, for a crime of violence to be one involving moral turpitude, there should be specific intent. The conduct should be knowing and intentional. “That would mean that Crowe would have had to intend to cause harm to Estrada and have knowledge of his act’s illegality,� said Spiro. “Moral turpitude may also lie in criminally reckless conduct.� Simple assault and battery is generally not considered to be a crime involving moral turpitude. Aggravated assault and assaults accompanied by the use of a weapon have generally been found to involve moral turpitude.

“The biggest, most direct consequence of conviction of a crime involving moral turpitude is that the alien may become inadmissible. If a nonimmigrant leaves the U.S. and attempts to return, he must be admissible to do so, even if he is in otherwise lawful status. In some cases, this requirement of admissibility even applies to people who have 'green cards.'

That means a nonimmigrant actor like Crowe, if he were determined to be inadmissible and did not qualify for an exception or waiver, could be denied a visa at an American embassy abroad, or denied admission into the U.S. at a port of entry. That would not be good for an actor’s career, not even an Oscar winner like Crowe.�

“A loaded gun would almost certainly be a weapon. A car very likely might be one. Is a phone a weapon? We’ll have to all wait and see,� said Spiro.

The law firm of Bashyam & Spiro is committed solely to the practice of Immigration and Nationality Law. Bashyam & Spiro is licensed to practice law by the State of North Carolina and the U.S. Federal Courts. Bashyam & Spiro attorneys are members of the American Immigration Lawyers Association (AILA).

http://www.miami.com/mld/miamiherald/li ... 672943.htm

Posted on Sun, Sep. 18, 2005

Crowe: I'll quit


Russell Crowe says he'll turn his back on the United States for good if he's found guilty of assault, reports IMDB.com.

The Australian Oscar winner (Gladiator), who is accused of throwing a phone at a New York City hotel employee in June, faces immigration problems if convicted. But Crowe says he'd be glad to see the back of Hollywood after the way he has been treated regarding the incident.

''Maybe it's better I don't travel to America,'' he says. ``Maybe it's better I don't work in the area of the business that attracts so many flies. You tell me to p--- off too many times and I probably will.''