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 />
B. Subsection A shall apply in all cases except those which are compromised by leave of court as<br />
provided by law.<br />
C. Compounding is a class 6 felony if the crime compounded is a felony. If the crime compounded is not<br />
a felony, compounding is a class 3 misdemeanor.<br />
Summary: This may be a good alternative to a controlled substance offense, particularly <strong>for</strong><br />
defendants who are involved in a drug trafficking scheme but must avoid a controlled substance<br />
conviction <strong>for</strong> <strong>immigration</strong> purposes. Immigration counsel can also make the argument that it is not a<br />
CMT.<br />
Crime Involving Moral Turpitude (CMT): While this may be held a CMT, <strong>and</strong> at least one<br />
<strong>immigration</strong> judge has done so, <strong>immigration</strong> attorneys have strong arguments against this. The elements<br />
of this offense most closely match the elements of misprision or accessory after the fact, with the added<br />
element of a pecuniary benefit. In Navarro-Lopez v. Gonzales, 503 F.3d 1063 (9th Cir. 2007) (en banc)<br />
(overturned on other grounds), the Ninth Circuit found that a conviction <strong>for</strong> accessory after the fact was<br />
not categorically a crime involving moral turpitude since it could include such conduct as a person<br />
providing food <strong>and</strong> shelter to a family member who has committed a crime. While ICE may argue that<br />
the element of a “pecuniary benefit” turns the offense into a CMT, there is not necessarily any legal<br />
authority <strong>for</strong> this position. There is no required intent to do harm, <strong>and</strong> a person might refrain from<br />
reporting a crime not only <strong>for</strong> the pecuniary gain, but out of desire to help a relative, or fear of reprisal<br />
from the perpetrator.<br />
Aggravated Felony: It should not be, although counsel should attempt to avoid a sentence of<br />
365 or more on any single count because of the danger that the government would assert that this<br />
constitutes obstruction of justice. A conviction relating to obstruction of justice is an aggravated felony if<br />
a sentence of one year or more is imposed. 8 U.S.C. § 1101(a)(43)(S). The BIA held that accessory after<br />
the fact under 18 USC § 3 (hiding <strong>and</strong> giving com<strong>for</strong>t to a person who committed a crime) is obstruction<br />
of justice. Matter of Batista-Hern<strong>and</strong>ez, 21 I&N Dec. 955 (BIA 1997). However, it held that Misprision<br />
of a felony under 18 USC § 4 (concealing that a crime was committed) is not obstruction of justice.<br />
Matter of Espinoza, 22 I&N Dec. 889 (BIA 1999). Compounding requires even less action than federal<br />
misprision, because it can be violated by merely refraining from reporting while misprision requires<br />
active concealment. The addition of pecuniary gain does not make the offense more closely related to<br />
obstruction. However, as always counsel should attempt to secure a sentence of 364 days or less.<br />
55. Tampering with a Public Record, ARS § 13-2407<br />
A. A person commits tampering with a public record if, with the intent to defraud or deceive, such person<br />
knowingly:<br />
1. Makes or completes a written instrument, knowing that it has been falsely made, which purports to be a<br />
public record or true copy thereof or alters or makes a false entry in a written instrument which is a public<br />
record or a true copy of a public record; or<br />
2. Presents or uses a written instrument which is or purports to be a public record or a copy of such public<br />
record, knowing that it has been falsely made, completed or altered or that a false entry has been made,<br />
with intent that it be taken as genuine; or<br />
3. Records, registers or files or offers <strong>for</strong> recordation, registration or filing in a governmental office or<br />
agency a written statement which has been falsely made, completed or altered or in which a false entry<br />
has been made or which contains a false statement or false in<strong>for</strong>mation; or<br />
4. Destroys, mutilates, conceals, removes or otherwise impairs the availability of any public record; or<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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