quick reference chart and notes for determining immigration - ILRC

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California Quick Reference Char and Notes February 2010 www.ilrc.org/criminal.php is the constant threat that Congress will amend the immigration laws and apply the change retroactively to past convictions. Defenders and noncitizen defendants need to be aware that the immigration consequences of crimes is a complex, unpredictable and constantly changing area of law where there are few guarantees. Defender offices should check accuracy of pleas and obtain up-to-date information. See books, websites, and services discussed in Note “Resources.” But using this guide and other works cited in the “Resources” Note will help defenders to give noncitizen defendants a greater chance to preserve or obtain lawful status in the United States – for many defendants, a goal as or more important than avoiding criminal penalties. This Chart is up to date as of February 2010, except that it was amended in June 2010 to reflect the U.S. Supreme Court’s controlled substances decision in Carachuri-Rosendo v. Holder, 130 S.Ct. 2577 (June 14, 2010). See Chart and Note 8 Controlled Substance Offenses. Acknowledgements Katherine Brady of the Immigrant Legal Resource Center in San Francisco is the principal author of the California Quick Reference Chart and Notes on Immigration Consequences of Selected Conviction. She would like to thank Ann Benson, Chris Gauger, Kara Hartzler, Raha Jorjani, Dan Kesselbrenner, Jonathan Moore, and Norton Tooby, and in particular full-scale readers Angie Junck, Holly Cooper, Michael Mehr and Graciela Martinez. Thanks to these and the other defenders and advisors of the Defending Immigrants Partnership for their many significant contributions to this research, and the staff at the Immigrant Legal Resource Center for their support. We are grateful to our colleagues in the national Defending Immigrants Partnership and to the Gideon Project of the Open Society Institute, the Ford Foundation and the former JEHT Foundation for funding this national project. Copyright 2010 Immigrant Legal Resource Center. Permission to reproduce these materials is granted to criminal and immigration defense attorneys only. If you use these materials in a defense training or distribute them widely, please provide chart@ilrc.org with information about the training (date, number attending, topic, and type of audience, for example, immigration versus criminal defenders) or the distribution. 4 Immigrant Legal Resource Center
www.ilrc.org/criminal.php QUICK REFERENCE CHART FOR DETERMINING IMMIGRATION CONSEQUENCES OF SELECTED CALIFORNIA OFFENSES Feb-10 CALIFORNIA CODE SECTION Business & Professions §4324 OFFENSE Forgery of prescription, possession of any drugs AGGRAVATED FELONY May be divisible as CS or forgery AF; see Advice. CRIME INVOLVING MORAL TURPITUDE-- These findings are questionable OTHER DEPORTABLE, INADMISSIBLE GROUNDS Might be Deportable, divisible: forgery is CMT but poss of forged drug possibly not. inadmissible for CS conviction if ROC of conviction identifies the CS. ADVICE AND COMMENTS To avoid CS and AF conviction, avoid ID'ing specific CS in ROC. See also Advice for H&S 11173(a). To avoid AF conviction as forgery, avoid sentence of 1 yr or more. See Notes "Safer Pleas" and "Drug Offenses" Business & Professions §25658(a) Selling liquor to a minor Not AF. Shdn't be CMT. No. Business & Professions §25662 Health & Safety Code § 11173(a) Possession, purchase, or consumption of liquor by a minor Prescription for controlled substance (CS) by fraud Not AF. Might be drug AF, forgery AF, or possibly fraud with $10k loss to victim/s (insurance?). See Advice. Shdn't be CMT. No, except multiple convictions could be evidence of alcoholism, which is an inadmissibility grnd and bar to "good moral character." May be divisible, e.g. 11173(b) not CMT Deportable, To avoid CS AF and deportability under CS inadmissible for CS ground, plead to straight forgery, false conviction if ROC personation, etc. or other non-CS ID's specific CS. alternative. Or, to avoid CS AF, plead to straight possession. Or, to avoid all CS consequences, do not plead to specific CS on record; see H&S 11350 Advice. To avoid forgery AF, avoid one-year sentence imposed. If insurance lost $10,000 consult Notes. AF = Aggravated Felony COV = Crime of Violence CMT = Crime Involving Moral Turpitude CS = Controlled Substance DV = Domestic Violence ROC = Record of Conviction
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quick reference chart and notes for determining immigration - ILRC

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