quick reference chart and notes for determining immigration - ILRC

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California Quick Reference Chart and Notes February 2010 A noncitizen “who admits having committed, or who admits committing acts which constitute the essential elements” of any offense relating to a federally defined controlled substances is inadmissible, even if there is no conviction. 126 This is a formal admission of all of the elements of a crime under the jurisdiction where the act was committed. The Ninth Circuit stated that an admission at a visa medical appointment may qualify as an admission. 127 Where a conviction by plea was eliminated for immigration purposes by rehabilitative relief, under Lujan-Armendariz, the old guilty plea may not serve as an “admission” for this purpose. Neither can a later admission, for example to an immigration judge. The Board of Immigration Appeals has held that if a criminal court judge has heard charges relating to an incident, immigration authorities will defer to the criminal court resolution and will not charge inadmissibility based on a formal admission of the underlying facts. 128 However, counsel should guard against formal admissions to a judge or other official of a crime that is not resolved in criminal court. 126 INA § 212(a)(2)(A)(i)(II), 8 USC § 1182(a)(2)(A)(i)(II) . 127 Pazcoguin v. Radcliffe, 292 F.3d 1209, 1214-15 (9th Cir. 2002). 128 See, e.g., Matter of E.V., 5 I&N Dec. 194 (BIA 1953) (PC § 1203.4 expungement); Matter of G, 1 I&N Dec. 96 (BIA 1942) (dismissal pursuant to Texas statute); Immigrant Legal Resource Center N-83
California Quick Reference Chart and Notes February 2010 Effect of Selected Drug Pleas under Lopez 1 and Carachuri 2 OFFENSE First possession (of a specified controlled substance 3 ) First poss. flunitrazepam or more than 5 gms cocaine base DEPORTABLE & INADMISSIBLE CONVICTION YES AGGRAVATED FELONY NO YES YES YES ELIMINATE BY REHABILITATIVE RELIEF, only in immigration proceedings held in Ninth Circuit states YES if no probation violation, and no prior preplea 4 diversion Possession (of a specified CS) where there is a drug prior YES NO, if there is no finding of the prior in the subsequent 5 conviction record. NO Transportation for personal use (of a specified CS) First offense less serious than poss, e.g. use, poss paraphernalia, presence 6 where drugs used Second less serious offense YES NO NO YES NO YES YES NO NO 7 Sale (of a specified CS) YES YES NO Offer to commit sale or other drug offense (involving a specified CS) YES unless “generic 8 solicitation” 9 NO in immigration proceedings held in the Ninth Circuit NO Give away small amount of marijuana 10 YES MAYBE NOT MAYBE Possession for Sale (of a specified CS) YES YES NO N-84 Immigrant Legal Resource Center
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