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 />
Aggravated Felony as Fraud or Deceit: Yes, if it involved a loss to the victim or victims of<br />
more than $10,000, regardless of whether the amount of loss appears in the record of conviction. See 8<br />
USC §1101(a)(43)(M); Nijhawan v. Holder, 129 S. Ct. 2294 (2009). Regarding proof of $10,000 loss,<br />
see Note: Fraud.<br />
49 Possession of <strong>for</strong>gery device, A.R.S. § 13-2003A.<br />
A. A person commits criminal possession of a <strong>for</strong>gery device if the person either:<br />
1. Makes or possesses with knowledge of its character <strong>and</strong> with intent to commit fraud any plate, die, or<br />
other device…. specifically designed or adapted <strong>for</strong> use in <strong>for</strong>ging written instruments, or<br />
2. Makes or possesses any device, apparatus …. adaptable <strong>for</strong> use in <strong>for</strong>ging written instruments with<br />
intent to use it or to aid or permit another to use it <strong>for</strong> purposes of <strong>for</strong>gery.<br />
fraud.<br />
Crime Involving Moral Turpitude (CMT): Both sections are CMTs because both involve<br />
Aggravated Felony as Forgery. To avoid an aggravated felony, avoid a sentence imposed of a<br />
year or more. Assume both will be deemed “an offense relating to <strong>for</strong>gery” <strong>and</strong> be an aggravated felony<br />
if a sentence of a year or more is imposed. See 8 USC §1101(a)(43)(R). However, <strong>immigration</strong> counsel<br />
can argue that this is not categorically an aggravated felony since the device can be used to create<br />
documents that do not fall within the generic definition of a “<strong>for</strong>ged document.” Vizcarra-Ayala v.<br />
Mukasey, 514 F.3d 870 (9th Cir. 2008).<br />
Aggravated Felony as Fraud. Yes, if the loss to the victim or victims exceeds $10,000 ,<br />
regardless of whether the amount of loss appears in the record of conviction. See 8 USC<br />
§1101(a)(43)(M); Nijhawan v. Holder, 129 S. Ct. 2294 (2009). Regarding proving a loss exceeding<br />
$10,000, see Note: Fraud.<br />
50. Criminal simulation, ARS § 13-2004.<br />
A. A person commits criminal simulation if, with intent to defraud, such person makes, alters, or presents<br />
or offers, whether accepted or not, any object so that it appears to have an antiquity, rarity, source,<br />
authorship or value that it does not in fact possess.<br />
B. Criminal simulation is a class 6 felony.<br />
Crime Involving Moral Turpitude (CMT): Yes, because it requires an intent to defraud.<br />
Aggravated Felony as Fraud or Deceit. Yes, if the loss to the victim or victims exceeds<br />
$10,000, regardless of whether the amount of loss appears in the record of conviction. See 8 USC<br />
§1101(a)(43)(M); Nijhawan v. Holder, 129 S. Ct. 2294 (2009). Regarding proving a loss exceeding<br />
$10,000, see Note: Fraud.<br />
51. Criminal impersonation, ARS § 13-2006<br />
A. A person commits criminal impersonation by:<br />
1. Assuming a false identity with the intent to defraud another; or<br />
2. Pretending to be a representative of some person or organization with the intent to defraud; or<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
64