quick reference chart and annotations for determining immigration ...
quick reference chart and annotations for determining immigration ...
quick reference chart and annotations for determining immigration ...
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Immigrant Legal Resource Center, Florence Immigrant <strong>and</strong> Refugee Rights Project,<br />
Maricopa County Public Defender August 2012<br />
4. Parking any vehicle in such a manner as to deprive livestock of access to the only reasonably<br />
available water.<br />
5. Drawing or inscribing a message, slogan, sign or symbol that is made on any public or private<br />
building, structure or surface, except the ground, <strong>and</strong> that is made without permission of the owner.<br />
B. Criminal damage is punished as follows:<br />
1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an<br />
amount of ten thous<strong>and</strong> dollars or more, or if the person recklessly causes impairment of the functioning<br />
of any utility.<br />
2. Criminal damage is a class 5 felony if the person recklessly damages property of another in an<br />
amount of two thous<strong>and</strong> dollars or more but less than ten thous<strong>and</strong> dollars.<br />
3. Criminal damage is a class 6 felony if the person recklessly damages property of another in an<br />
amount of more than two hundred fifty dollars but less than two thous<strong>and</strong> dollars.<br />
4. In all other cases criminal damage is a class 2 misdemeanor.<br />
Aggravated Felony: Probably not, although to be safe counsel should attempt to obtain a<br />
sentence of less than a year <strong>and</strong>/or keep the record clear of evidence that actual <strong>for</strong>ce was used. Under<br />
Supreme Court <strong>and</strong> Ninth Circuit precedent, a reckless causation of serious injury is not an aggravated<br />
felony. See Fern<strong>and</strong>ez-Ruiz v. Gonzales, 466 F.3d 1121 (9th Cir. 2006) (en banc) (Arizona assault is not<br />
categorically a “crime of violence” since it encompasses a mens rea of recklessness); Leocal v Ashcroft,<br />
125 S.Ct. 377 (2004) (negligent DUI is not a crime of violence because does not create risk that <strong>for</strong>ce will<br />
be used, just that injury will occur); Lara-Cazares v Gonzalez, 408 F.3d 1217 (9th Cir. 2004) (killing a<br />
person by DUI with gross negligence, amounting to recklessness, is not a DUI because it does not create a<br />
risk that <strong>for</strong>ce will be used, under Leocal). In addition, the statute includes elements that do not require<br />
<strong>for</strong>ce, e.g., parking, drawing.<br />
Crime Involving Moral Turpitude (CMT): Possibly if the damage is extensive enough. See<br />
Rodriguez-Herrera v. INS, 52 F.3d 238 (9th Cir. 1995) (second degree malicious mischief, Wash. Rev.<br />
Code § 9A.48.080(1)(a), is a relatively minor offense that can be violated by causing $250 damage, <strong>and</strong><br />
not a crime necessarily involving moral turpitude). Even damage far greater than $250 might escape<br />
CMT classification, however, since it can be the work of “pranksters with poor judgment. Consequently,<br />
unlike the crimes of spousal abuse, child abuse, first-degree incest, <strong>and</strong> carnal knowledge of a fifteen year<br />
old, malicious mischief does not necessarily involve an "act of baseness or depravity contrary to accepted<br />
moral st<strong>and</strong>ards." Id. at 240.<br />
Other Grounds: DV. Probably not. Immigration counsel have a strong argument that <strong>for</strong>ce<br />
must be against person, not property, to constitute a crime of domestic violence. 8 USC 1227(a)(2)(E)(i).<br />
Where possible, however, counsel should keep record of conviction clear of use of <strong>for</strong>ce, <strong>and</strong>/or of a<br />
domestic relationship with the owner of the property. Also, reckless mens rea should be held insufficient<br />
to meet the definition of a “crime of domestic violence.” See supra, section discussing aggravated felony.<br />
Conviction where victim was a child <strong>and</strong> <strong>reference</strong>d as a §13-3601 domestic violence conviction may<br />
render one removable as a crime of child abuse. Attempt to sanitize record of child’s age or plead to<br />
criminal damage against wife/partner only <strong>and</strong> not child.<br />
34. Criminal littering or polluting, ARS § 13-1603<br />
A. A person commits criminal littering or polluting if such person without lawful authority does any of<br />
the following:<br />
1. Throws, places, drops or permits to be dropped on public property or property of another which is not a<br />
lawful dump any litter, destructive or injurious material which he does not immediately remove.<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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