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 with a $10,000 Loss. A crime of fraud or deceit that<br />
results in a loss of over $10,000 to the government (including tax revenue) or other victim is an<br />
aggravated felony, regardless of whether the amount appears in the record of conviction. See Nijhawan v.<br />
Holder, 129 S. Ct. 2294 (2009). Because “deceit” is not well-defined, it is possible that a conviction<br />
under §13-2703 would be held an aggravated felony under this category. Regarding proof of $10,000 loss<br />
to the victim, see Note; Fraud.<br />
65. Tampering, ARS § 13-2809.<br />
A. A person commits tampering with physical evidence if, with intent that it be used, introduced, rejected<br />
or unavailable in an official proceeding which is then pending or which such person knows is about to be<br />
instituted, such person:<br />
1. Destroys, mutilates, alters, conceals or removes physical evidence with the intent to impair its verity or<br />
availability; or<br />
2. Knowingly makes, produces or offers any false physical evidence; or<br />
3. Prevents the production of physical evidence by an act of <strong>for</strong>ce, intimidation or deception against any<br />
person…<br />
C. Tampering with physical evidence is a class 6 felony.<br />
Summary. While there are no cases on point, tampering with the evidence probably shares the<br />
<strong>immigration</strong> benefits <strong>and</strong> disadvantages of hindering <strong>and</strong> accessory after the fact. Please read Annotation<br />
to ARS § 13-2510. Tampering with the evidence should not take on the character of the underlying<br />
offense, so <strong>for</strong> example tampering with evidence relating to a drug sale is not itself a drug aggravated<br />
felony. However, it will be held to be an aggravated felony as obstruction of justice if a sentence of a<br />
year or more is imposed. As a class 6 felony, tampering may present a better chance of avoiding such a<br />
sentence. However, tampering, as opposed to hindering, really should be classed as obstruction of justice,<br />
since it relates to an ongoing proceeding.<br />
Aggravated Felony. Because this will likely be held obstruction of justice, counsel must avoid a<br />
sentence of 365 days. 8 U.S.C. § 1101(a)(43)(S).<br />
Crime Involving Moral Turpitude. The BIA has held that obstruction of justice is a crime<br />
involving moral turpitude, so this should not be considered a safer plea to avoid a CMT.<br />
Other Grounds: Drug conviction, firearms conviction, domestic violence, rape or sexual<br />
abuse of a minor. Tampering is a good alternative to any of these offenses, since the conviction will not<br />
take on the character of the principal’s offense.<br />
Reason to believe trafficking. If the principal committed a drug trafficking crime, the<br />
government may assert that a tampering conviction provides “reason to believe” that the defendant aided<br />
a drug trafficker <strong>and</strong> there<strong>for</strong>e the person is inadmissible under 8 USC § 1182(a)(2)(C). This will have a<br />
devastating effect on persons who must apply <strong>for</strong> lawful status in the future, although not such a harsh<br />
effect on a permanent resident, unless s/he plans to travel outside the country. See discussion of “reason<br />
to believe” at Note: Controlled Substances.<br />
66. Interfering with judicial proceedings, ARS § 13-2810<br />
A. A person commits interfering with judicial proceedings if such person knowingly:<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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