quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
Summary: “Murder” is included in the definition of aggravated felony at 8 U.S.C. §
1101(a)(43)(A) and will be considered an aggravated felony regardless of the length of sentence imposed.
Counsel should assume that a conviction for second-degree murder is always removable, although
immigration counsel may have an argument that A3 is not.
Crime Involving Moral Turpitude (CMT): Counsel should assume that a conviction for
second-degree murder will constitute a CMT for immigration purposes.
Aggravated Felony: Counsel should assume that a conviction for second-degree murder will be
considered an aggravated felony as “murder” within 8 U.S.C. § 1101(a)(43)(A), regardless of the sentence
imposed. This is true even for A3 since the BIA has held that a death that is caused by “extreme
recklessness or a malignant heart”—such as vehicular homicide while under the influence—may meet the
aggravated felony definition of murder. Matter of M-W, 25 I&N Dec. 748 (BIA 2012).
Other grounds: If the record of conviction demonstrates a domestic relationship under A.R.S. §
13-3601, a conviction for second-degree murder would likely also be removable under the ground of
domestic violence unless the plea was to A3. If the victim is a minor and the age of the victim appears in
the record of conviction, a conviction would be removable under the ground of child abuse, neglect, or
abandonment. Matter of Velazquez-Herrera, 24 I&N Dec. 503 (BIA 2008). Immigration counsel would
have arguments against this if the age of the victim was not “actually required” in order to convict the
defendant of the offense. United States v. Aguila-Montes de Oca, 655 F.3d 915, 940 (9th Cir. 2011) (en
banc).
. First-degree murder, A.R.S. § 13-1105
A person commits first degree murder if:
1. Intending or knowing that the person's conduct will cause death, the person causes the death of another
person, including an unborn child, with premeditation or, as a result of causing the death of another
person with premeditation, causes the death of an unborn child.
2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual
conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child
under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405,
subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4
and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the
statutory threshold amount for each offense or combination of offenses, involving or using minors in drug
offenses under section 13-3409, kidnapping under section 13-1304, burglary under section 13-1506, 13-
1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-
1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A,
paragraph 1, or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and in
the course of and in furtherance of the offense or immediate flight from the offense, the person or another
person causes the death of any person.
Summary: “Murder” is included in the definition of aggravated felony at 8 U.S.C. §
1101(a)(43)(A) and will be considered an aggravated felony regardless of the length of sentence imposed.
Counsel should assume that a conviction for first-degree murder is always removable.
Crime Involving Moral Turpitude (CMT): Counsel should assume that a conviction for firstdegree
murder will constitute a CMT for immigration purposes.
Arizona Criminal Chart with Explanatory Endnote – August 2012
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