quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
were previously restricted to the record of conviction in determining whether a state offense qualified as a
CMT, currently any evidence – including police reports, presentence investigations, and even the
defendant’s own testimony – may be considered in the finding of whether a conviction constitutes a CMT
under a divisible statute.
Other Grounds: Drug conviction, firearms conviction, domestic violence, sexual abuse of a
minor. As long as a sentence of a year is not imposed, hindering can be an excellent alternative to any of
these offenses, since the conviction will not take on the character of the principal’s offense.
Reason to believe trafficking. If the principal committed a drug trafficking crime, the
government may assert that a hindering conviction provides “reason to believe” that the defendant aided a
drug trafficker and therefore the person is inadmissible under 8 USC § 1182(a)(2)(C). This will have a
devastating effect on persons who must apply for lawful status in the future, although not such a harsh
effect on a permanent resident unless she plans to travel outside the country. See discussion of “reason to
believe” at Note: Controlled Substances.
61. Bribery of a public servant or party officer, ARS § 13-2602
A. A person commits bribery of a public servant or party officer if with corrupt intent:
1. Such person offers, confers or agrees to confer any benefit upon a public servant or party officer with
the intent to influence the public servant's or party officer's vote, opinion, judgment, exercise of discretion
or other action in his official capacity as a public servant or party officer; or
2. While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit
upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other
action as a public servant or party officer may thereby be influenced…
C. Bribery of a public servant or party officer is a class 4 felony.
Crime Involving Moral Turpitude (CMT): Yes, corrupt intent to influence. See, e.g., Matter
of H-, 6 I&N Dec. 358, 361 (BIA 1953).
Aggravated Felony: No. Bribery of a public servant under ARS § 13-1602 is not an aggravated
felony under 8 USC §1101(a)(43)(R) as an offense relating to commercial burglary, even with a year’s
sentence. Matter of Gruenangerl, 25 I&N Dec. 351 (BIA 2010). The BIA has also declined to find that
bribery of a public servant is an aggravated felony as obstruction of justice under 8 USC §1101(a)(43)(S).
Id. Besides commercial bribery, only “bribery of a witness” with a year’s sentence imposed is listed in the
aggravated felony definition. See 8 USC §1101(a)(43)(S).
62. Commercial Bribery, ARS § 13-2605
A. A person commits commercial bribery if:
1. Such person confers any benefit on an employee without the consent of such employee's employer,
corruptly intending that such benefit will influence the conduct of the employee in relation to the
employer's commercial affairs, and the conduct of the employee causes economic loss to the employer.
2. While an employee of an employer such employee accepts any benefit from another person, corruptly
intending that such benefit will influence his conduct in relation to the employer's commercial affairs, and
such conduct causes economic loss to the employer or principal.
B. Commercial bribery is a class 5 felony if the value of the benefit is more than one thousand dollars.
Commercial bribery is a class 6 felony if the value of the benefit is not more than one thousand dollars
Arizona Criminal Chart with Explanatory Endnote – August 2012
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