quick reference chart and annotations for determining immigration ...
quick reference chart and annotations for determining immigration ...
quick reference chart and annotations for determining immigration ...
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Immigrant Legal Resource Center, Florence Immigrant <strong>and</strong> Refugee Rights Project,<br />
Maricopa County Public Defender August 2012<br />
A single conviction of possession of flunitrazepam is an aggravated felony, because a first such<br />
conviction is punished as a felony under federal law.<br />
Whenever possible, criminal defense counsel should plead to “use” or leave the record vague<br />
between possession <strong>and</strong> use. Criminal defense counsel should reduce a possession conviction to a<br />
misdemeanor wherever possible. This is because a felony may be treated as an aggravated felony in<br />
<strong>immigration</strong> proceedings outside the Ninth Circuit, <strong>and</strong> in federal criminal prosecutions <strong>for</strong> illegal reentry.<br />
“Use,” <strong>and</strong> a first misdemeanor possession, will not be so treated. See Note: Controlled<br />
Substances, Part V.<br />
Controlled Substance Conviction Causing Deportability <strong>and</strong> Inadmissibility. Yes. The<br />
person will be inadmissible <strong>and</strong> will not be allowed to seek legal status in the United States. If the client<br />
is a lawful permanent resident, the conviction will render him deportable but eligible <strong>for</strong> a waiver of<br />
removal (<strong>immigration</strong> pardon) if the offense is not an aggravated felony <strong>and</strong> if he has had his lawful<br />
permanent residence <strong>for</strong> at least five years <strong>and</strong> has been living in the United States <strong>for</strong> at least seven years<br />
after any legal admission.<br />
b. Use<br />
Crime Involving Moral Turpitude: No, see possession.<br />
Aggravated felony. No. Because it does not involve trafficking <strong>and</strong> there is no analogous<br />
federal offense, even felony use, or use with a prior drug conviction, is not an aggravated felony.<br />
Deportable <strong>and</strong> Inadmissible Drug Conviction. Yes.<br />
Eliminating the conviction. A conviction <strong>for</strong> use of a narcotic or dangerous drug may NOT be<br />
eliminated by state “rehabilitative relief” even if it occurred prior to July 14, 2011. See Nunez-Reyes v.<br />
Holder, 646 F.3d 684, 695 (9th Cir. 2011) (en banc) (overruling Rice v. Holder, 597 F.3d 952 (9th Cir.<br />
2010)).<br />
A2. Possession <strong>for</strong> sale.<br />
Crime Involving Moral Turpitude: Yes. Matter of Khourn, supra.<br />
Aggravated Felony: Yes. Possession <strong>for</strong> sale involves trafficking.<br />
Controlled substance conviction causing deportability <strong>and</strong> inadmissibility. Yes, if the record<br />
shows a federally recognized controlled substance (although the BIA has held in an unpublished decision<br />
that this is unnecessary since the Arizona legislature intended to mimic the federal schedule).<br />
.<br />
A3. Possess equipment or chemicals, or both, <strong>for</strong> the purpose of manufacture<br />
See “Manufacture.”<br />
A4. Manufacture<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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