quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
simple possession of 30 grams or less of marijuana. See Matter of Martinez-Espinoza, 25 I&N Dec. 118
(BIA 2009). However, since subsection B involves delivering or manufacturing paraphernalia, it may be
less likely to relate to a single offense of simple possession.
C. It is unlawful for a person to place in a newspaper …. knowing, or under circumstances where one
reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug paraphernalia. Class 6 felony.
Crime Involving Moral Turpitude (CMT): Probably not.
Aggravated Felony: Maybe.
As a Drug Trafficking Offense: This might be construed as trafficking, although it is attenuated.
As a Federal Analogue: This may be held an aggravated felony as analogous with 21 U.S.C. §
863(a); see Part A, supra. Better plea is to possession under A, or leave the record of conviction vague as
to whether Part A or C was the offense of conviction.
Controlled Substance Ground: Yes. ARS § 13-3415 has been held an offense relating to a
controlled substance because the statute requires proof that the paraphernalia be linked to controlled
substances. Luu-Le v. INS, 224 F.3d 911 (9th Cir. 2000). The BIA recently held that a waiver of
inadmissibility may be available for a conviction for paraphernalia that relates to a single offense of
simple possession of 30 grams or less of marijuana. See Matter of Martinez-Espinoza, 25 I&N Dec. 118
(BIA 2009). However, since it may be difficult to argue that advertisements for paraphernalia would only
relate to a single offense of simple possession of 30 grams or less of marijuana, counsel should assume
that this will be categorically a controlled substance offense.
80. Child or Vulnerable Adult Abuse, ARS § 13-3623
A. Under circumstances likely to produce death or serious physical injury, any person who causes a child
or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult,
who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or
permits a child or vulnerable adult to be placed in a situation where the person or health of the child or
vulnerable adult is endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen
years of age it is punishable pursuant to section 13-705.
2. If done recklessly, the offense is a class 3 felony.
3. If done with criminal negligence, the offense is a class 4 felony.
B. Under circumstances other than those likely to produce death or serious physical injury to a child or
vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or,
having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the
child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in
a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense
as follows:
1. If done intentionally or knowingly, the offense is a class 4 felony.
2. If done recklessly, the offense is a class 5 felony.
3. If done with criminal negligence, the offense is a class 6 felony.
Arizona Criminal Chart with Explanatory Endnote – August 2012
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