quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
crime of violence” above for suggestions on how to attempt to avoid a record that proves a crime of
violence.
20. Access Interference, ARS § 13-1305
A person commits access interference if, knowing or having reason to know that the person has no legal
right to do so, the person knowingly engages in a pattern of behavior that prevents, obstructs or frustrates
the access rights of a person who is entitled to access to a child pursuant to a court order. If the child is
removed from this state, access interference is a class 5 felony. Otherwise access interference is a class 2
misdemeanor.
Crime Involving Moral Turpitude (CMT): Probably will be held a CMT, although some case
law suggests that it is not. Matter of P, 6 I&N Dec. 400 (BIA 1954) (criminal contempt for refusing to
obey an injunction is not a CMT). Unlike § 13-1302 Custodial Interference, this statute requires
“knowingly” obstructing access rights, which is more likely to be held a CMT.
Aggravated Felony: No, although as always counsel should attempt to avoid a sentence of a
year or more for any single count.
Other Grounds: Domestic Violence. Possibly. Under 8 U.S.C. § 1227(a)(2)(E), a crime of
child abuse, child neglect, or child abandonment is deportable. The Board of Immigration Appeals has
broadly defined “child abuse” as an offense involving an “intentional, knowing, reckless, or criminally
negligent act or omission that constitutes maltreatment of a person under 18 years old or that impairs such
a person’s physical or mental well-being, including sexual abuse or exploitation.” Matter of Velasquez-
Herrera, 24 I&N Dec. 503 (BIA 2008). It can also encompass unreasonably placing a child in a situation
that poses a threat of injury to the child’s life or health even though no proof of actual harm or injury to
the child is required. See Matter of Soram, 25 I&N Dec. 378 (BIA 2010). A plea to Custodial Interference
or False Imprisonment is safer.
21. Indecent Exposure, ARS § 13-1402.
A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the
areola or nipple of her breast or breasts and another person is present and the defendant is reckless about
whether such other person as a reasonable person would be offended or alarmed by the act. Indecent
exposure is a class 1 misdemeanor. Indecent exposure to a person under the age of fifteen years is a class
6 felony.
Summary: This is a safer alternative to sex offenses, except that if the victim was a child the
offense might be charged as deportable child abuse or aggravated felony sexual abuse of a minor if the
record demonstrates that the child was harmed. To avoid that, plead to disorderly conduct with no
indication of sexual conduct and/or age in the record. If a disorderly conduct plea is not possible, plead to
the generic language of indecent exposure and try to leave specific sexual conduct and/or age out of the
record.
Crime Involving Moral Turpitude (CMT): Indecent exposure without a sexual intent is not a
CMT. See Nunez v. Holder, 594 F.3d 1124, 1133-34 (9th Cir. 2010) (“it is the sexual intent with which
the exposure occurs” that transforms it into a CMT); Matter of Mueller, 11 I&N Dec. 268 (BIA 1965)
(conviction of indecently exposing a sex organ under Wisconsin statute is not a CMT because of lack of
requirement of sexual intent). Arizona indecent exposure requires mere recklessness regarding the
Arizona Criminal Chart with Explanatory Endnote – August 2012
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