quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
5. Refuses to deliver a public record in such person's possession upon proper request of a public servant
entitled to receive such record for examination or other purposes.
B. In this section "public record" means all official books, papers, written instruments or records created,
issued, received or kept by any governmental office or agency or required by law to be kept by others for
the information of the government.
C. Tampering with a public record is a class 6 felony.
Crime Involving Moral Turpitude (CMT): Should be divisible. An intent to deceive is not
necessarily a CMT unless elements of fraud and materiality are present. Hirsch v. INS, 308 F.2d 562 (9th
Cir. 1962); see also Blanco v. Mukasey, 518 F.3d 714 (9th Cir. 2007). Counsel should plead to language
of an intent to deceive, rather than to defraud.
Aggravated Felony – Fraud: Yes, if the loss to the victim is more than $10,000, regardless of
whether the amount appears in the record of conviction. See Nijhawan v. Holder, 129 S. Ct. 2294 (2009).
Regarding proof of $10,000 loss to the victim, see Note; Fraud. If the loss to the victim was over $10,000
but the sentence would be less than a year, consider a plea to theft, without designating theft by
misrepresentation.
Aggravated Felony – Forgery: A conviction relating to a document that has been “falsely
made” in which there is a sentence of 365 days or longer may constitute an aggravated felony as forgery
under 8 U.S.C. § 1101(a)(43)(R). See Vizcarra-Ayala v. Mukasey, 514 F.3d 870 (9th Cir. 2008). Counsel
should plead to language that the person made a “false entry” rather than that the document was “falsely
made,” and try to secure a sentence of 364 days or less.
56. Securing the Proceeds of an Offense, ARS § 13-2408
A. A person commits securing the proceeds of an offense if, with intent to assist another in profiting or
benefiting from the commission of an offense, such person aids the person in securing the proceeds of the
offense.
B. Securing the proceeds of an offense is a class 6 felony if the person assisted committed a felony.
Securing the proceeds of an offense is a class 2 misdemeanor if the person assisted committed a
misdemeanor.
Crime Involving Moral Turpitude (CMT): This may be a good alternative for immigration
purposes. While there is no case law on point, the statute is extremely broad and could encompass
conduct that is not necessarily a CMT, including accessory after the fact. See Navarro-Lopez v. Gonzales,
503 F.3d 1063 (9th Cir. 2007) (en banc) (overturned on other grounds). Although one immigration judge
has found it to be categorically a CMT, the arguments are strong to the contrary. Counsel should plead to
the straight statutory language of the offense.
Aggravated Felony: No.
57. Escape, ARS §§ 13-2502 – 13-2504
Escape in the third degree, § 13-2502
A. A person commits escape in the third degree if, having been arrested for, charged with or found guilty
of a misdemeanor or petty offense, such person knowingly escapes or attempts to escape from custody…
Arizona Criminal Chart with Explanatory Endnote – August 2012
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