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 />
1. Engages in disorderly, disrespectful or insolent behavior during the session of a court which directly<br />
tends to interrupt its proceedings or impairs the respect due to its authority; or<br />
2. Disobeys or resists the lawful order, process or other m<strong>and</strong>ate of a court; or<br />
3. Refuses to be sworn or affirmed as a witness in any court proceeding; or<br />
4. Publishes a false or grossly inaccurate report of a court proceeding; or<br />
5. Refuses to serve as a juror unless exempted by law; or<br />
6. Fails inexcusably to attend a trial at which he has been chosen to serve as a juror.<br />
B. Interfering with judicial proceedings is a class 1 misdemeanor.<br />
Summary: Unlikely to trigger <strong>immigration</strong> consequences EXCEPT A2 is likely deportable <strong>for</strong><br />
violating a DV protective order. 8 U.S.C. § 1227(a)(2)(E)(ii).<br />
Crime Involving Moral Turpitude: While possible, it is unlikely that any subsection will be<br />
found a CMT. See Blanco v. Mukasey, 518 F.3d 714, 719 (9th Cir. 2008) (“[w]hen the only ‘benefit’ the<br />
individual obtains is to impede the en<strong>for</strong>cement of the law, the crime does not involve moral turpitude”).<br />
Aggravated Felony: An offense relating to obstruction of justice with a sentence of one year or<br />
more is an aggravated felony under 8 U.S.C. § 1101(a)(43)(S). However, since the maximum sentence<br />
under the statute is six months, this offense should never be an aggravated felony.<br />
Other – Domestic Violence: Under 8 U.S.C. § 1227(a)(2)(E)(ii), a noncitizen who engages in<br />
conduct that violates the portion of a protection order that involves protection against credible threats of<br />
violence, repeated harassment, or bodily injury is deportable. The Ninth Circuit has interpreted this<br />
broadly to include most convictions under protection orders. Alanis-Alvarado v. Holder, 558 F.3d. 833,<br />
836 (9th Cir. 2009); Matter of Strydom, 25 I&N Dec. 507 (BIA 2011). While a straight plea to this<br />
offense may be safe (particularly if no subsection is cited), any citation or <strong>reference</strong> in the plea to DV or<br />
§§ 13-3601, 13-3601.01, or 13-3602 will likely trigger deportability. Use of Telephone to Annoy, ARS §<br />
13-2916 is a better option.<br />
67. Disorderly Conduct, ARS § 13-2904<br />
A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood,<br />
family or person, or with knowledge of doing so, such person:<br />
1. Engages in fighting, violent or seriously disruptive behavior; or<br />
2. Makes unreasonable noise; or<br />
3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke<br />
immediate physical retaliation by such person; or<br />
4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the<br />
business of a lawful meeting, gathering or procession; or<br />
5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a<br />
fire, a hazard or any other emergency; or<br />
6. Recklessly h<strong>and</strong>les, displays or discharges a deadly weapon or dangerous instrument.<br />
B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under<br />
subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.<br />
Summary: A good plea <strong>for</strong> <strong>immigration</strong>, except <strong>for</strong> A6.<br />
Crime Involving Moral Turpitude: Except <strong>for</strong> A6, this offense should not be held a CMT.<br />
However, to be safe it is advisable to leave the record of conviction vague as to the underlying facts.<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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