quick reference chart and annotations for determining immigration ...

Aggravated
Felony
CMT
DRUG
DV
CHILDREN
FIREARMS
Aggravated Felony, defined at 8 U.S.C. § 1101(a)(43)(A)-(U). The aggravated felony
definition includes twenty-one provisions that describe hundreds of offenses, which need
not be aggravated or felonious. Aggravated felons under immigration law are ineligible to
apply for most forms of discretionary relief from deportation including asylum, voluntary
departure, and cancellation of removal. Conviction of an aggravated felony triggers
mandatory detention without bond pending deportation. A conviction for illegal reentry
after deportation or removal, in violation of 8 U.S.C. § 1326, will carry a significantly
higher federal prison term if the defendant was previously convicted of an aggravated
felony. See 8 U.S.C. § 1326(b)(2). See Note: Aggravated Felony
Crime Involving Moral Turpitude (CMT). A crime involves moral turpitude if it
involves fraud, or it comes within a vague definition of involving evil intent or deviating
from accepted rules of contemporary morality. Here, moral turpitude is defined according
to federal immigration case law, and not, e.g., state cases on witness credibility or
disbarment. For CMT determinations, see comments on individual offenses in this chart.
A noncitizen is deportable who (a) is convicted of two CMT’s, which are not part of a
“single scheme of criminal misconduct,” at any time after being admitted to the U.S. or
(b) is convicted of one CMT, committed within five years of admission to the U.S., that
carries a potential sentence of at least one year. 8 USC § 1227(a)(2)(A)(ii) and (i). A
noncitizen is inadmissible if convicted of one CMT, unless he or she qualifies for the
petty theft or youthful offender exception. To qualify for the petty theft exception, the
person must have committed only one CMT, which has a potential sentence of not more
than a year, and a sentence of not more than six months must have been imposed. To
qualify for the youthful offender exception, the person must have committed only one
CMT. 8 USC § 1182(a)(2)(A)(ii)(II) and (I). See Note: CMT.
Controlled Substance offenses. A noncitizen is deportable and inadmissible if convicted
of an offense “relating to a controlled substance (as defined in section 802 of Title 21).”
There is an exception to the deportation ground, and a waiver of inadmissibility, for
conviction of a single offense of possession or being under the influence of marijuana or
hashish. To be deportable, the person must have been convicted after admission to the
U.S. 8 USC § 1227(a)(2)(B)(i) (deportability), 8 USC § 1182(a)(2)(A)(i)(II), (h)
(inadmissibility waiver). In many cases, the record of conviction must identify the
specific controlled substance involved in order for the crime to have immigration
consequences. See Note: Controlled Substances and comments on individual offenses.
Crimes of Domestic Violence, Stalking, Violation of Protection Order, Crime of
Child Abuse, Neglect or Abandonment. A noncitizen convicted of one of these
offenses, or who is the subject of a court order finding certain types of violations of a
domestic violence protective order, is deportable under 8 USC § 1227(a)(2)(E). A crime
of domestic violence is defined as a “crime of violence” against a current or former
spouse, cohabitant, person sharing a common child, or any other a person who is
protected from the defendant’s acts under the domestic or family violence law. See Note:
Domestic Violence and individual offenses in this chart.
Firearms offenses, A noncitizen is deportable under 8 U.S.C. § 1227(a)(2)(C) who at any
time after admission is convicted “under any law of purchasing, selling, offering for sale,
exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to
purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or
accessory which is a firearm or destructive device ….”. See Note: Firearms.
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