quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
Domestic Violence: Where felony burglary is a crime of violence and there is a DV type victim,
it is conceivable that it will be held a domestic violence offense triggering deportation. Counsel should
keep the record of conviction from identifying the domestic relationship. Immigration counsel will argue
that only crimes against persons, not property, qualify as deportable domestic violence offenses.
Burglary in the First Degree, ARS §13-1508
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions
of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a
dangerous instrument in the course of committing any theft or any felony.
B. Burglary of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It
is a class 2 felony if committed in a residential structure.
Crime Involving Moral Turpitude: With the correct record of conviction, this might escape
classification as a CMT since all of the component offenses may be non-CMTs. Entry with intent to
commit an undesignated offense (“a felony”) or an offense that does not involve moral turpitude is not a
CMT. Matter of M, 2 I&N Dec. 721 (BIA 1946). However, a class 2 for residential structure will likely
be found a CMT regardless of the underlying crime. Matter of Louissaint, 24 I&N Dec. 754 (BIA 2009)
(burglary of an occupied dwelling is categorically a CMT). The additional element of a weapon might not
transform the conviction into a CMT. See, e.g., Matter of Montenegro, 20 I&N Dec. 603 (1992) (“The
moral condemnation comes from the act of burglary or rape, not the fact that the criminal had a gun in his
pocket”). The fact that possession of a weapon is an element of the offense may lead some immigration
judges to analogize it to residential burglary in that is more likely to invite a violent defensive response
from the resident. Matter of Louissaint, 24 I&N Dec. 754, 758 (BIA 2009).
Aggravated Felony: See § 13-1506. However, the only truly safe strategy is to avoid a sentence
of a year or more. There is no case on point. Although simple possession of a weapon is not a crime of
violence, Matter of Rainford, 20 I&N Dec. 598 (BIA 1992), it is possible that a court would hold that the
presence of a weapon will transform an offense that is not a crime of violence into a crime of violence.
Firearms Deportation Ground: A noncitizen is deportable if he is convicted of possessing a
firearm or destructive device in violation of the law. 8 USC § 1227(a)(2)(C). A destructive device
includes explosives. To avoid this ground, counsel should keep the record of conviction vague as to the
weapon of possession and plead defendant to the statutory language in the disjunctive “explosives, a
deadly weapon or a dangerous instrument,” or “deadly weapon,” or “dangerous instrument.” Examples of
non-firearm dangerous weapons are: knives, sticks, clubs, rods, etc.
Domestic Violence: Where felony burglary is a crime of violence and there is a DV type victim,
it is conceivable that it will be held a domestic violence offense triggering deportation. Counsel should
avoid a reference to § 13-3601 and keep the record of conviction from identifying the domestic
relationship. Immigration counsel will argue that only crimes against persons, not property, qualify as
deportable domestic violence offenses.
33. Criminal Damage, ARS § 13-1602
A. A person commits criminal damage by recklessly:
1. Defacing or damaging property of another person; or
2. Tampering with property of another person so as substantially to impair its function or value; or
3. Tampering with the property of a utility.
Arizona Criminal Chart with Explanatory Endnote – August 2012
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