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QUICK REFERENCE CHART FOR DETERMINING IMMIGRATION CONSEQUENCES OF SELECTED CALIFORNIA OFFENSES Oct-05
관리자  (Homepage)
2016-05-11 14:40:05, 조회 : 314, 추천 : 76

CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Business & Professions
§4324
Forgery of prescription, possession of any drugs
Felony and misd conviction may be drug trafficking AF if it involves controlled substances (CS). Conviction of any forgery offense with
1-yr sentence imposed is AF.
Might be divisible: forgery is CMT but poss of forged drug possibly not.
Deportable, inadmissible for CS conviction if record of conviction identifies the CS.
To avoid CS and AF conviction,
avoid info in ROC identifying
CS. See also Advice for H&S
11173(a). See Notes "Safer
Pleas" and "Drug Offenses"
Business & Professions
§25658(a)
Selling liquor to a minor
Not AF.
Not CMT.
No.

Business & Professions
§25662
Possession, purchase, or consumption of liquor by a minor
Not AF.
Not CMT.
No, except multiple convictions could be evidence of alcoholism, an inadmissibility grnd

Calif. Health & Safety §11173(a)
Prescription for controlled substance
(CS) by fraud
Felony and misd conviction may be drug trafficking AF
May be divisible, e.g. 11173(b)
not CMT
Deportable, inadmissible for CS conviction
To avoid an CS AF and deportability under CS ground, plead to straight forgery, false personation, etc. or other drug alternative; see Note: Safer Pleas. To avoid CS AF, plead to straight possession of the drug; see Advice at H&S
11350. To avoid forgery AF, avoid one-year sentence imposed.
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
H&S §11350(a), (b)
Possession of controlled subsatnce
In imm prcdgs, it is
not agg fel unless CS is flunitrazepan or more than 5 grams of cocaine base, if Oliveira stands. If Oliveira overturned, felony poss is AF and misd is not. In fed prosecutions under USSG, state felony poss is AF and misd is not.
No.
Deportable, inadmissible for CS conviction.
See discussion in Note "Drug Offense." Post-Con Relief: Where no CS priors, a 1st conviction for felony or misdo simple poss of any CS (or a less serious CS offense) is
eliminated by withdrawal of plea
as part of DEJ, Prop 36, PC
1203.4, etc. But 2nd conviction for simple poss cannot be so eliminated. Agg Felony: Under Oliveira-Ferrerira, no simple poss is an AF except poss of flunitrazepan or more than 5 gms cocaine base. If Oliveira overturned, felony poss is an
AF but misd poss is not. Therefore try to avoid possible AF by reducing to a misdo where permitted, or seek an alternate plea: down to 11365,
11550, etc; plead to P.C. § 32 or offense where the CS not identified; even consider pleading up to offering to transport (see advice in H&S
11352). In fed prosecutions for re-entry under the USSG,
felony poss is an AF and misd possession is not.
H&S §11351
Possession for
sale
Yes AF as CS
trafficking conviction
Yes CMT as CS
trafficking offense
Deportable, inadmissible for CS conviction
To avoid AF attempt to plead
down to first or at least misdo simple poss (see H&S 11350), or H&S 11365, 11550; or consider pleading up to offer to sell, see advice in H&S 11352. Or plead to PC 32 with less than 1 yr sentence to avoid AF, deportability and perhaps
inadmissibility. See Note "Drug
Offenses" and "Safer Pleas."
H&S §11351.5
Possession for sale of cocaine base
Yes AF as CS
trafficking conviction
Yes CMT as CS trafficking offense
Deportable, inadmissible for CS conviction
See advice on H&S 11351 and
Note "Drug Offenses."
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
H&S §11352(a)
Sale of controlled substances
Divisible: "offering"
to sell, distribute is not AF while sell, distribute is AF. Transport for personal use is not AF.
Yes CMT as CS
trafficking offense (except transport for personal use)
Deportable, inadmissible for CS conviction, except that imm atty can argue against "offering"
being a deportable CS offense. Offering to transport may not be inadmissible CS offense. Transporting for personal use is deportable, inadmissible CS offense.
See discussion in Note "Drug Offense." In sum, offering to commit any drug offense, including sale, is not an AF, and imm atty can argue not deportable CS offense. Best plea is to whole statute in the disjunctive so ROC does not preclude that plea was to offer
to transport/transport personal
use. This will avoid AF, plus wil allow imm attorney to argue it is not a deportable or inadmissible CS conviction. PC 32 with less than 1 yr prevents agg felony and deportability.
H&S §11357
Marijuana, possesion
See H&S 11350
Not CMT
Deportable, inadmissible for CS conviction
See H&S 11350
H&S §11358
Marijuana, Cultivate
Felony conviction is controlled substance (CS) AF
Might be held CMT if ROC shows intent to sell.
Deportable and inadmissible for CS conviction
Plead to a 1st offense simple
possession (see H&S 11350); plead up to offer to sell (see H&S 11360); to accessory with less than 1-yr imposed (see PC
32); to non-drug offense. See
Notes "Safer Pleas" and "Drug
Offenses"
H&S §11360(a)
Marijuana sale, give, transport, offer to
Divisible: offering to sell if not AF while sale is. Transport personal use not AF
Yes CMT as CS trafficking offense (except transport for personal use)
See H&S 11352.
Sale is divisible statute, see advice in H&S 11352 and Note "Drug Offenses."
H&S §11364
Possession of drug paraphernalia
Not AF.
Not CMT
Deportable,
inadmissible for CS
conviction
Because this is an offense "less serious" than simple
possession, a first conviction is eliminated through withdrawal o plea under DEJ, Prop 36, PC
1203.4 etc. See advice on H&S
11350 and Notes "Drug
Offenses" and "Safer Pleas."
H&S §11365
Presence where CS is used
Not AF.
Not CMT
Deportable, inadmissible for CS conviction
See advice on H&S 11364 and
11350, and Notes "Drug
Offenses" and "Safer Pleas"
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
H&S §11368
Forged prescription to obtain narcotic drug
Felony or misdo conviction might be CS AF. Any forgery offense with 1-yr sentence is AF.
Maybe not CMT; fraud intent not element of
forged prescription
Deportable and
inadmissible for CS
conviction
See advice for H&S 11173. Avoid 1-yr sentece for forgery; see Note "Sentence."
H&S §11377
Possession of controlled substance
See H&S 11350
Not CMT
Deportable, inadmissible for CS conviction
See advice in H&S 11350 and
Note "Drug Offenses".
H&S §11378
Possession for sale CS
Yes
Yes CMT as CS trafficking offense
Deportable,
inadmissible for CS
conviction
See advice on H&S 11351 and
Note "Drug Offenses"
H&S §11379
Sale, give, transport, offer to, controlled substance
Divisible: offering to sell is not AF while sale is. Transport personal use not AF
Yes CMT as CS trafficking offense (except transport for personal use)
See H&S 11352
Sale is divisible statute, see advice in H&S 11352 and Note "Drug Offenses."
H&S §11550
Under the influence controlled substance (CS)
Under influence not AF. Felony conviction of under influence with gun
11550(e) might be
AF as COV under
18 USC 16(b) if 1-yr sentence imposed.
Not CMT
Deportable, inadmissible for CS conviction. H&S
11550(e) also
deportable for firearms offense.
For 11550(a)-(c) see advice on H&S 11364 and 11350, and Notes "Drug Offenses" and "Safer Pleas." To avoid firearms offense avoid ROC showing 11550(e) is conviction. To avoid threat of 11550(e) as Agg Felony, reduce to misd under PC 17 and avoid 1-yr sentence.
Penal §21a
Attempt
Yes AF if principal
offense is. If principal needs 1-yr sentence imposed to be AF, attempt also needs 1 yr imposed.
CMT if principal offense is. See Advice re advantage of hal sentence for CMT deport ground
Takes on character of principal offense.
Attempt takes on the character of the principal offense. Because attempt has half the potential sentence (PC 644(b)) it is useful to prevent CMT wobbler misdemeanor from
being an offense with a potentia sentence of 1 yr. See Note "Crimes Involving Moral Turpitude."
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal §32
Accessory after the fact
Only if 1 yr sentence imposed
Might be held
CMT
Accessory does not take on character of principal offense so e.g. accessory to drug/violent offense is not a deportable conviction. But if principal offense involves drug trafficking, govt may assert conviction is "reason to believe" person inadmissible for aiding drug trafficker.
To avoid agg felony avoid 1 yr
sentence imposed; see Note "sentence" (in contrast, misprision of felony can take 1 yr sentence). Good plea to avoid e.g. drug, violence, firearms conviction. For further discussion of accessory see Note "Safer Pleas"
Penal §92
Bribery
Yes AF if a sentence of 1-yr or more is imposed.
Yes CMT.
No.

Penal §118
Perjury
Yes AF if a sentence of 1-yr or more is imposed.
Yes CMT
No.

Penal
§136.1(b)(2)
Persuade a witness not to file complaint
Appears not to be an
AF as COV, since no force required.
Not CMT
If not COV, then not a
DV offense even if DVtype victim.
Appears to be a good substitute plea with no imm
consequences, but a strike w/ high exposure. For that reason can use for serious charges. See Note "Safer Pleas." See also PC 236, not a strike.
Penal §140
Threat against witness
AF if 1-yr sentence imposed
Yes CMT
If COV, a domestic violence offense if committed against DV type victim
To avoid AF avoid 1-yr sentence; see Note "Sentence." To avoid AF and DV deportability ground see PC
136.1(b)(1), 236, 241(a).
Penal §148
Resisting arrest
148(a)(1) is not AF. Felony conviction of
148(b)-(d) w/ 1-yr or more imposed might be AF as COV
under 18 USC 16(b)
148(a)(1) is not CMT, 148(b)-(c) ought not to be ("reasonably should have known" other was peace officer)
Sections involving removal of firearm from officer may incur deportability under firearms ground. See Note "DV, Firearms Grounds"
Plead to 148(a)(1). If plea to (b (d), avoid possible AF by obtaining misdo conviction, reducing felony to misdo, and/or obtaining sentence less than 1 yr; see Note "Sentence."
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal §182, 184
Conspiracy
If principal offense is AF-type offense, conspiracy is. If offense requires 1-yr or more sentence to be AF, conspiracy also does.
If principal offense is CMT, conspiracy is
Conspiracy takes on consequences of principal offense, e.g. controlled substance, firearm.
Same consequence as principa
offense. If 1yr sentence needed for AF, avoid the 1-yr.
Penal §187
Murder (first or
second degree)
Yes AF
Yes CMT
COV is domestic violence offense if committed against DV type victim
See manslaughter
Penal §192(a)
Manslaughter, voluntary
Yes AF as COV, only if 1-yr or more sentence imposed
Yes CMT
COV is domestic violence offense if committed against DV type victim
To avoid AF, avoid 1-yr sentence imposed; see Note "Sentence." To avoid CMT see PC 192(b).
Penal §192(b)
Manslaughter, involuntary
Yes AF as COV, only if 1-yr or more sentence imposed; but see Advice
Not CMT
COV is domestic
violence offense if committed against DV type victim
To avoid AF, avoid 1-yr sentence imposed; see Note "Sentence." Under Leocal (S.Ct.) and Lara-Cazarez (9th Cir) this offense probably is not a COV. However Leocal is in danger of being legislatively overturned, so conservative view is regard it as COV. See Note: Safer Pleas (C)
Penal §203
Mayhem
Yes AF only if 1-yr
or more sentence imposed
Yes CMT
COV is domestic violence offense if committed against DV type victim
Avoid 1-yr sentence to avoid AF; see Note "Sentence." See also PC 236 and 136.1(b) and Note "Safer Pleas"
Penal §207
Kidnapping
Yes AF only if 1-yr or more sentence imposed. (But see Advice re force and fear.)
Yes CMT
COV is domestic violence offense if committed against DV type victim
See advice for PC 203. If 1-yr
sentence imposed, keep ROC vague between force or other fear so imm counsel can attempt to argue that fear is not necessarily a COV.
Penal §211
Robbery (first or second degree) by means of force or fear
Yes AF if 1-yr or more sentence imposed (But see Advice re force and fear.)
Yes CMT
COV is domestic violence offense if committed against DV type victim
See advice for PC 203. If 1-yr sentence imposed, keep ROC vague between force or fear so imm counsel can attempt to argue that fear is not necessarily a COV.
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal §220
Assault, with intent to commit rape, mayhem, etc.
Assault to commit rape may be AF as attempted rape regardless of sentence. Other offenses are AF (as COV) only if 1-yr or more sentence imposed
Yes CMT
COV is domestic violence offense if committed against DV type victim
Intent to commit rape may be treated as attempted rape, which is an AF regardless of
sentence. See PC 243.4 w/ less than 1 yr. For other offenses avoid 1-yr sentence to avoid AF see Note "Sentence." See also PC 236 and 136.1(b); to avoid CMT see 243(d) (with less than
1 yr sentence), and see Note
"Safer Pleas."
Penal §236, 237
False imprisonment (felony)
Divisible: a COV if it involves violence or menace, but ought not to be so held if involves fraud or deceit. A COV with a 1-yr or more
sentence imposed is an AF.
Yes CMT
A COV (here with violence or menace) is domestic violence offense if committed against DV type victim
Should not be held COV if
record of conviction does not identify violence/menace. If COV, avoid AF by avoiding 1-yr sentence for any one count. To avoid CMT, see misdemeanor false imprisonment
Penal §236, 237
False imprison
(misdo)
Appears not to be an
AF as COV, since no force required.
Appears not to be a CMT
No
Appears to be good substitute plea to avoid crime of violence in DV cases. See discussion in Note: "Safer Pleas." It is not
clear that reducing felony 236 to a misdemeanor will avoid CMT status.
Penal § 240,
241(a)
Assault, simple
Not AF. (COV requires 1-yr sentence to be AF; 6 month maximum here)
Not CMT
COV is domestic violence offense if committed against DV type victim, but simple assault may not be COV absent info in record of conviction.
To avoid COV for DV
purposes, see advice in PC
243(a).
Penal §241(b)
Assault on peace officer etc.
If found to be COV, is an AF if 1-yr sentence imposed
Probably not
CMT
No
Avoid 1-yr sentence to avoid
AF; see Note "Sentence."
Penal §243(a)
Battery, Simple
Not AF (COV requires 1-yr sentence to be AF, 6 month maximum here)
Not CMT
COV is domestic violence offense if committed against DV type victim, but simple battery may not be COV absent info in record of conviction.
To avoid COV for DV purposes, keep ROC clear of info showing more than a mere touching. See Note "Domestic Violence." See also PC 236 (misdo), 602.5
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal §243(b), (c)
Battery on a peace officer, fireman etc.
Yes AF as COV only
if 1-yr or more sentence imposed
243(b) not CMT,
243(c) (with injury) may be.
No.
Avoid 1-yr sentence to avoid
AF; see Note "Sentence."
?Keep ROC vague between (b) and (c) to avoid record of conviction.
Penal §243(d)
Battery with serious bodily injury
Yes AF as COV only
if 1-yr or more sentence imposed
Not CMT; good substitute for avoiding CMT.
COV is domestic violence offense if committed against DV type victim
See discussion in Note "Safer Pleas." Avoid 1-yr sentence to avoid AF; see Note "Sentence." See also PC 236, 136.1(b), potentially 243(a) to avoid COV.
Penal §243(e)(1)
Battery against spouse, former date, etc.
COV only if 1-yr or more sentece imposed and ROC shows violence beyond mere offensive touching
Maybe not CMT if (a) ROC does not prove more than "mere offensive touching" and/or (b) victim was date or ex-date
Deportable under DV ground if ROC establishes battery went beyond mere touching. Note: court finding of violation of DV protective order also causes deportability; see Note "DV"
See "Note: DV." To probably
avoid DV, keep record clear of info that battery was beyond mere touching. See Note Domestic Violence and advice for PC 243(a). (Imm atty at
least can argue not CMT if ROC permits possibility that victim was date/ex-date, because less violation of familial trust. See Matter of Tran, 21 I&N 291 (BIA
1996)).
Penal §243.4
Sexual battery
Yes AF as COV only
if 1-yr or more sentence imposed
Yes CMT
COV is domestic
violence offense if committed against DV type victim
Avoid 1-yr sentence to avoid AF; see Note "Sentence." See PC 243(d) to avoid CMT. See PC 136.1(b), 236 to avoid CMT and COV.
Penal §245
Assault, with a
deadly weapon (firearms or other) or force likely to produce great bodily harm
Yes AF as COV only if 1-yr or more sentence imposed.
Yes CMT
COV is domestic
violence offense if committed against DV type victim. Section
245(a)(2) and others involving firearms bring deportability
under firearms ground.
Avoid 1-yr sentence to avoid AF; see Note "Sentence." To avoid firearms grnd, keep record of conviction clear of evidence that offense was
245(a)(2); see also PC 12020,
236, 243(d) and 136.1(b) and Notes "Safer Pleas" and "DV, Firearms Grounds."
Penal §261
Rape
Yes AF, regardless of sentence imposed.
Yes CMT
COV is domestic violence if committed against DV type victim.
See PC 243(d) (not CMT) and
243.4 (both not Agg Felonies if less than 1 yr sentence), 236,
136.1(b)(1) (can support 1 yr sentence) and Note "Safer Pleas".
Penal §261.5
Unlawful sexual intercourse (statutory rape)
Even misd. with no jail is "sexual abuse of a minor" AF. Possible future relief at 9th Cir. if ROC does not reveal V's age or shows older teen
Yes CMT
COV is domestic violence if committed against DV type victim. This also might be charged under DV deport
ground as child abuse.
Unless 9th Cir reverses BIA, even a misd is an Agg Felony. See PC 243(a), 243(d), 243.4,
236, 136.1(b)(1) and Note "Safer Pleas." More possibility of evenutally winning at 9th Cir. if victim is 16, 17 or ROC doesn't ID age.
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal §262
Spousal Rape
Yes AF, regardless of sentence imposed.
Yes CMT
Deportable under DV
ground.
See PC 243(d), 243.4, 236,
136.1(b)(1) and Note "Safer
Pleas."
Penal §270
Failure to
provide for child
Not AF.
Not CMT.
May be deportable under DV ground for child neglect.

Penal §272
Contributing to the delinquency of a minor
Not AF, except
possibly as sexual abuse of a minor if record of conviction shows lewd act.
Divisible: may be CMT if record of conviction
shows lewdness
With lewdness,
possibly deportable under DV for child abuse.
Keep record of conviction clear of reference to lewd act.
Penal §273a(a)
Child injury,
endangerment
Divisible as a COV:
infliction of physical pain may involve use of force but other actions, including placing a child where health is
endangered, do not. A COV with 1-yr sentence imposed is an AF.
Divisible:
inflicting pain is CMT, but unreasonably risking child's health is not. See disc. in P v. Sanders (1992)
10 Cal.App.4th
1268 (as state CMT case, not controlling but informative).
Even minor offenses
probably deportable under DV ground as child abuse or neglect.
To avoid agg felony, avoid 1-yr
sentence; see Note "Sentence." To avoid Agg Felony keep record of conviction clear of info establishing use of force; to avoid CMT keep record open to possibility that it was merely unreasonable action; see Note "Record of Conviction." If this arose from traffic situation (lack of seatbelts, child unattended etc.), defendant can
alternatively plead to traffic etc.
offense without element involving minors and take counseling and other requirements as a condition of probation, without the offense acquiring immigration consequences. See Note: DV/Child Abuse
Penal §273d
Child, Corporal
Punishment
Yes AF as COV if 1yr sentence imposed
Yes CMT
Deportable under DV
ground for child abuse
To avoid agg felony, avoid 1-yr sentence; see Note "Sentence." See 243(d) with less than 1-yr sentence to avoid CMT.
Penal §273.5
Spousal Injury
Yes, AF as a COV only if 1-yr or more sentece imposed
Yes, CMT.
Deportable under DV ground regardless of sentence. Note: Court finding of violation of DV protective order also is DV deportable offense.
To avoid AF avoid 1-yr sentence imposed. To avoid A and DV plead to non-COV such as PC 236, 136.1(b)(1); can accept batterer's program probation conditions on these. See 243(e)(1) and "Note: Domestic Violence." To avoid CMT see PC 243(d).
Penal §281
Bigamy
Not AF
Yes CMT
No

CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal §288
Lewd act with child
Yes AF as sexual abuse of a minor, regardless of sentence.
Yes CMT
Deportable under the DV ground for child abuse
See PC 243.4 with less than 1yr, 136.1(b), 236, 647.6(a).
See Notes "Sex Offenses" and
"Safer Pleas."
Penal §314(1)
Indecent
exposure
Not AF
Probably CMT
No
See disturb peace, trespass,
loiter.
Penal §403
Disturbance of public assembly or meeting
Not AF.
Not CMT.
No.

Penal §415
Disturbing the peace
Not AF.
Probably not
CMT
No.

Penal § 416
Failure to disperse
Not AF
Not CMT
No.

Penal §422
Criminal threats (formerly terrorist threats)
Yes AF as COV only if 1-yr or more sentence imposed. Rosales-Rosales v Ashcroft, 347 F.3d
714 (9th Cir. 2003)
Yes CMT
As COV, is a
deportable domestic violence offense if committed against DV type victim
Avoid AF by avoiding 1-yr sentence. See Note "Sentence." To avoid COV see PC 236 or 136.1(b)(1), or
241(a) with no info regarding violence. See Note "Safer Pleas."
Penal § 451
Arson
Yes AF as COV only
if 1-yr or more sentence imposed
Yes CMT
As COV, can be domestic violence offense if committed against DV type victim
Avoid AF by avoiding 1-yr sentence; see Note "Sentence." See vandalism.
Penal §459, 460
Burglary
Burglary of a structure is AF with
1-yr sentence imposed. Burglary of a car (PC 460(b)) is not AF if record of conviction shows "intent to commit larceny OR any felony," or if less
than 1-yr sentence imposed.
Divisible between entry with intent to commit theft (CMT) or any felony (not a CMT as long as
'felony' is not defined as an offense that involves moral turpitude).
Where felony burglary is a COV and there is DV type victim, may
be DV offense (but
imm counsel will argue crime against
property).
Keep record of conviction vagu
between structure, nonstructure; and/or intent to commit theft, any felony. See Notes "Burglary and Theft" and "Record of Conviction." See P
466.
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal § 466
Poss burglary tools with intent to enter, altering keys, making or repairing instrument
Not AF.
Probably not CMT, unless ROC shows intent to commit CMT (felonious entry alone is no CMT) Altering, repairing instruments are not CMT.
No.
To avoid possibility of CMT, avoid specific intent on ROC other than felonious entry, or better keep record clear between intent and non-intent sections.
Penal §470
Forgery
Yes AF if 1-yr sentence imposed
Yes CMT.
No.
Avoid AF by avoiding 1-yr sentence; see Note: Sentence. See P.C. 529(3) and Note "Safer Pleas." If $10,000 loss
to victim to fraud, see advice for
PC 476(a).
Penal §476(a)
Bad check with
intent to defraud
Yes AF if the loss to the victim was
$10,000 or more;
also perhaps if 1-yr sentence imposed, as theft.
Yes CMT
No
Avoid AF by avoiding $10k loss in ROC, see Note "Burglary, Theft and Fraud." See PC
529(c) to avoid AF, CMT. Avoid
1-yr sentence to avoid possible
AF as theft.
Penal §484 et
seq., §487
Theft (petty or
grand)
Divisible: theft of
labor not "theft" for AF purposes. Other subsections are theft AF if 1-yr sentence imposed.
Yes CMT.
No
See Notes "Theft, Fraud" and "CMT." In sum, to avoid AF, avoid 1 yr sent and see also PC
666; see Note "Sentence." If fraud involved, see PC. 529(3) and avoid $10,000 loss to victim. In minor offense try for
602.5. If first CMT, to qualify for petty offense exception to inadmissibility grnd reduce felony to misdo and/or plead petty theft; to avoid
deportability plead petty theft or
attempted misd grand theft to keep maximum possible sentence under 1 yr.
Penal §490.1
Petty theft
(infraction)
Not AF.
Yes CMT.
No.
An infraction counts as a CMT offense. To avoid CMT see trespass PC 602.5.
Penal §496
Receiving stolen property
Yes AF if 1-yr sentence imposed
Yes CMT
No
To avoid AF avoid 1-yr sentence; see Note "Sentence."
Penal Code
§529(3)
False personation
Appears not to be an
AF.
Appears not to be CMT.
No
Possible alternate plea for fraud forgery, counterfeit. See discussion in "Note: Safer Pleas"
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal §550(a)
Insurance fraud
Yes AF if offense involves fraud where victim lost $10,000
or more; perhaps AF as theft if 1-yr sentence imposed.
Yes CMT because fraudulent intent.
No.
See Note "Burglary, Theft, Fraud." To avoid AF, avoid
$10,00 in ROC. See PC 529(3)
to avoid AF, CMT. Avoid 1-yr sentence to avoid possible AF as theft; see Note "Sentence."
Penal §594
Vandalism
Possible AF as COV
if 1 yr sentence imposed.
Not CMT, except perhaps in case of severe costly damage.
If COV, domestic
violence offense if committed against DV type victim. Immigration counsel will argue deportable DV offense must be force agnst person not property.
Relatively minor cases should
have no consequences except possibly DV. See e.g. Rodriguez-Herrera v INS, 52
F3d 238 (9th Cir. 1995) (Wash. statute not CMT) and US v Landeros-Gonzalez, 262 F.3d
424 (5th Cir 2001) (graffiti not COV). Avoid 1-yr sentence; see Note "Sentence."
Penal §602
Trespass misd (property damage, unlawful presence, etc.)
Not AF (even if COV, 1-yr sentence not possible)
Perhaps divisible. Some malicious destruction of prop offenses might be CMT; see cases in Advice to PC
594.
A COV is domestic violence offense if committed against DV type victim. Imm. counsel will argue must be force agnst person not property.
Keep record of conviction clear
to avoid possible CMT. See PC
602.5.
Penal §602.5
Trespass (unauthorized entry)
Not AF.
Not CMT.
No.

Penal §646.9
Stalking
AF as COV if 1 yr sentence imposed. Matter of Malta, 23
I&N Dec 656 (BIA
2004)
Yes CMT
Deportable under the DV ground. Note that a court finding of violation of protective order also is DV deportable even absent conviction; see Note "DV"
Avoid AF by avoiding 1-yr sentence. See PC 236,
136.1(b)(1), 241(a) with no info
regarding violence. See Notes "Safer Pleas" and "Is Battery a Crime of Violence?"
Penal §647(a)
Disorderly: lewd or dissolute conduct in public
Not AF.
Older cases found CMT in homosexual behavior.
No.
Keep record of conviction clear of info that lewd intent was involved. See "Note Record of Conviction." See 647(e)
Penal §647(b)
Disorderly: Prostitution
Not AF.
Yes CMT for a prostitute. Probably not for a customer.
Prostitute, not customer, is inadmissible for "engaging in" prostitution.
To try to prevent CMT keep record of conviction vague between prostitute and customer. See 647(e)
Penal §647(c), (e), (h)
Disorderly: Begging, loitering
Not AF.
Not CMT.
No.

CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Penal §647(f)
Disorderly: Under the influence of drugs or alcohol
Not AF.
Not CMT.
Deportable and
inadmissible for CS offense if ROC establishes specific CS
Keep record of conviction vagu re whether a specific CS, as opposed to alcohol or other dru (or even unspecified CS), is involved.
Penal §647(i)
Disorderly:
"Peeping Tom"
Not AF.
Not CMT.
No.

Penal §647.6(a)
Annoy, molest child
Divisible, with less serious acts not AF as 'sexual abuse of a minor.' US v
Pallares-Galan, 359
F.3d 1088 (9th
2004).
Yes CMT.
Might be deportable
under DV for child abuse.
To avoid AF keep record of conviction clear of details, or have it ID less serious conduct; or plead to offense that doesn't combine age and sex like
243(a), 243.4.
Penal §666
Petty theft
with a prior
Not AF even if
enhanced sentence of more than 1 yr is imposed.
Yes CMT.
No.
See Note on "Burglary and Theft." Since this is not AF, it's a possible substitute for grand theft with 1-yr sentence or more imposed.
Penal §§1320(b),
1320.5
Failure to appear for felony
Yes AF if original felony's potential sentence is 2 yrs or more.
Probably not
CMT
No.
Avoid AF by pleading to substantive offense not FTA
Penal §12020
Possesion,
manufacture, sale of prohibited weapons; carrying concealed dagger
Divisible: trafficking in firearms or explosives is AF; other offenses are not
Not CMT.
Offenses relating to firearms cause deportability under tha grnd. Others (e.g. brass knuckes(a)(1), dagger (a)(4)) don't.
With careful record of conviction, this is an alternate plea to avoid firearms offense. Keep record of conviction vagu re whether weapon is firearm or other (to avoid firearms deportability grnd) or involves trafficking in firearms or destructive devices (to avoid AF). See Notes "Safer Pleas" and "DV, Firearms"
Penal §12021
Possession of firearm by drug addict or felon
Yes AF regardless of sentence
Not CMT.
Deportable under the firearms ground.
See PC 12020, 245(a), 243(d), Note "Safer Pleas."
Penal
§§12025(a)(1),
12031(a)(1)
Carrying firearm
Not AF.
Not CMT.
Deportable under the firearms ground.
To avoid deportable for firearms, see PC 12020 and Note "DV, Firearms."
Vehicle §20
False statement to DMV
Not AF
Possibly divisible, with knowingly conceal material fact a CMT
No.
To avoid CMT, keep record of conviction vague as to knowing concealment of material fact
Vehicle §2800.1
Flight from peace officer
Not AF
Probably not
CMT
No.

CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE
Vehicle §2800.2
Flight from peace officer with wanton disregard for safety
AF if felony
conviction with 1-yr sentence imposed, as a COV under 18
USC 16(b). US v
Campose-Fuerte,
357 F.3d 956 (9th
2004)
May be divisible:
wanton disregard only by prior traffic violations not CMT, other wanton disregard may be CMT.
No.
Avoid an agg felony by reducing to a misdemeanor or obtaining sentence less than a year. May avoid CMT if ROC leaves open possibility wanton disregard finding based on prior traffic violations, or plea to 2800.1.
Vehicle §10801-
10803
Vehicles with
altered ID
numbers
Offense relating to trafficking in vehicles with altered VIN is
AF if 1-yr or more sentence imposed.
Might be CMT
No.
Plead to PC 10852?
Vehicle §10851
Vehicle taking, temporary or permanent
Yes, AF as theft if one-year sentence is imposed.
Yes CMT if permanent intent, no if
temporary intent.
No.
To avoid agg felony, avoid 1-yr sentence. To avoid CMT, keep record of conviction vague re permanent or temporary intent.
Vehicle §10852
Tampering with a vehicle
Not AF.
Appears not
CMT.
No.
To avoid posssible AF, don't let ROC show that tampering F96involved altering VIN.
Vehicle §12500
Driving without license
Not AF.
Not CMT.
No.

Vehicle §§20001,
20003
Hit and run
(felony)
Not AF
Probably not
CMT
No.
Despite lack of intent requirement it's conceivable reviewing authority would find CMT in failure to aid badly injured victim; keep record of conviction clear of info.
Vehicle
§20002(a)
Hit and run
(misd)
Not AF.
Not CMT
No.

Vehicle
§23110(b)
Throw object into traffic
Yes AF as COV if 1yr sentence imposed
Yes CMT.
No.
Avoid AF by avoiding 1-yr sentence imposed.
Vehicle §23152
Driving under the influence (felony)
Not AF now but CAUTION: Legislation could change. Obtain 364 or less.
Not CMT.
No except multiple convictions can show evidence of alcoholism, a ground of inadmissibility.
Current Supreme Court establishes not COV, but Congress could change. See Note: Safe Pleas, DUI.
Vehicle §23153
Driving under the influence causing bodily injury
See Vehicle 23152
Not CMT.
See Vehicle 23152
See Vehicle 23152
W & I
§10980(c)(2)
Welfare fraud
Yes AF if loss to gov't is $10,000 or more; also perhaps as theft if 1-yr or more sentence imposed.
Yes CMT.
No.
See Note "Burglary, Theft, Fraud." To avoid AF, avoid
$10,00 in ROC. See PC 529(3) to avoid AF, CMT. Avoid 1-yr sentence to avoid possible AF as theft; see Note "Sentence."
CALIFORNIA CODE SECTION
OFFENSE
AGGRAVATED FELONY
CRIME INVOLVING MORAL TURPITUDE
OTHER DEPORTABLE, INADMISSIBLE GROUNDS
ADVICE





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