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Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project, Maricopa County Public Defender August 2012 Aggravated Felony: If a sentence of a year or more is imposed, robbery will be an aggravated felony as a theft crime or as a crime of violence. State v. Hudson, 152 Ariz.121, 730 P2d 830 (1986) (finding that robbery is, by definition, a crime involving violence). Aggravated robbery, ARS § 13-1903. See Robbery, § 13-1902. Armed robbery, ARS § 13-1904. A. A person commits armed robbery if, in the course of committing robbery as defined in section 13- 1902, such person or an accomplice: 1. Is armed with a deadly weapon or a simulated deadly weapon; or 2. Uses or threatens to use a deadly weapon or dangerous instrument or a simulated deadly weapon. Crime Involving Moral Turpitude (CMT): Yes. Aggravated Felony: If sentenced to a year or more, aggravated robbery will be an aggravated felony as a crime of violence or a theft crime. See Robbery, § 13-1902. United States v. Taylor, 529 F.3d 1232, 1237 (9th Cir. 2008) (armed robbery under Arizona law involves the threat or use of force and is therefore a crime of violence). Firearms Ground: Armed robbery may be a deportable offense under 8 U.S.C. 1227(a)(2)(C) as a firearms offense if the record of conviction indicates that a firearm was involved in the offense. Because not all deadly weapons are firearms, if the record of conviction does not indicate that a firearm was involved, the conviction does not trigger deportability under the firearms ground. Matter of Pichardo, 21 I&N Dec. 330 (BIA 1996) (where the record of conviction failed to identify the subdivision under which the alien was convicted or the weapon he was convicted of possessing, deportability is not proven even where the alien testified in immigration proceedings that the weapon he possessed was a gun). 48. Forgery, A.R.S. 13-2002 With intent to defraud, the person: 1. Falsely makes, completes or alters a written instrument; or 2. Knowingly possesses a forged instrument; or 3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information. Crime Involving Moral Turpitude: Yes. Aggravated felony as Forgery: Counsel should conservatively assume that the offense will be held to constitute forgery, and therefore be an aggravated felony if a sentence of at least a year is imposed. 8 USC §1101(a)(43)(R). However, immigration counsel have strong arguments that the statute is divisible since a conviction can involve a real document that contains false information, such as a validly-issued driver’s license with a false name or date of birth. See Vizcarra-Ayala v. Mukasey, 514 F.3d 870 (9th Cir. 2008) (Cal. Penal Code § 475(c) encompasses conduct involving real, unaltered documents and thus is not categorically an offense "relating to forgery" under 8 U.S.C. § 1101(a)(43)(R)); State of Arizona v. Thompson, 194 Ariz. 295 (1999) (MVD employee was convicted for including false information on an otherwise genuine document). Arizona Criminal Chart with Explanatory Endnote – August 2012 63
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project, Maricopa County Public Defender August 2012 Aggravated Felony as Fraud or Deceit: Yes, if it involved a loss to the victim or victims of more than $10,000, regardless of whether the amount of loss appears in the record of conviction. See 8 USC §1101(a)(43)(M); Nijhawan v. Holder, 129 S. Ct. 2294 (2009). Regarding proof of $10,000 loss, see Note: Fraud. 49 Possession of forgery device, A.R.S. § 13-2003A. A. A person commits criminal possession of a forgery device if the person either: 1. Makes or possesses with knowledge of its character and with intent to commit fraud any plate, die, or other device…. specifically designed or adapted for use in forging written instruments, or 2. Makes or possesses any device, apparatus …. adaptable for use in forging written instruments with intent to use it or to aid or permit another to use it for purposes of forgery. fraud. Crime Involving Moral Turpitude (CMT): Both sections are CMTs because both involve Aggravated Felony as Forgery. To avoid an aggravated felony, avoid a sentence imposed of a year or more. Assume both will be deemed “an offense relating to forgery” and be an aggravated felony if a sentence of a year or more is imposed. See 8 USC §1101(a)(43)(R). However, immigration counsel can argue that this is not categorically an aggravated felony since the device can be used to create documents that do not fall within the generic definition of a “forged document.” Vizcarra-Ayala v. Mukasey, 514 F.3d 870 (9th Cir. 2008). Aggravated Felony as Fraud. Yes, if the loss to the victim or victims exceeds $10,000 , regardless of whether the amount of loss appears in the record of conviction. See 8 USC §1101(a)(43)(M); Nijhawan v. Holder, 129 S. Ct. 2294 (2009). Regarding proving a loss exceeding $10,000, see Note: Fraud. 50. Criminal simulation, ARS § 13-2004. A. A person commits criminal simulation if, with intent to defraud, such person makes, alters, or presents or offers, whether accepted or not, any object so that it appears to have an antiquity, rarity, source, authorship or value that it does not in fact possess. B. Criminal simulation is a class 6 felony. Crime Involving Moral Turpitude (CMT): Yes, because it requires an intent to defraud. Aggravated Felony as Fraud or Deceit. Yes, if the loss to the victim or victims exceeds $10,000, regardless of whether the amount of loss appears in the record of conviction. See 8 USC §1101(a)(43)(M); Nijhawan v. Holder, 129 S. Ct. 2294 (2009). Regarding proving a loss exceeding $10,000, see Note: Fraud. 51. Criminal impersonation, ARS § 13-2006 A. A person commits criminal impersonation by: 1. Assuming a false identity with the intent to defraud another; or 2. Pretending to be a representative of some person or organization with the intent to defraud; or Arizona Criminal Chart with Explanatory Endnote – August 2012 64
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