quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
Normally petty offenses such as disturbing the peace are not CMTs. See e.g. Matter of P, 2 I&N Dec.
117, 122 (1944) (stating in dicta that “most states also have, in the exercise of their police powers, statutes
punishing the disturbance of the peace, sauntering and loitering, and like trivial breaches of the peace. It
could be hardly contended that a violation of such statutes involves moral turpitude”).
Section A6, recklessly discharging a dangerous weapon, ought not to be held a CMT. Generally
recklessness is a CMT only if coupled with serious physical injury. See, e.g., Matter of Fualaau, 21 I&N
Dec. 475 (BIA 1996). However, where possible counsel should avoid specifically pleading to A6, and if
a plea is made to A6, counsel should attempt to leave the record of conviction vague. An alternate plea
would be to carrying a deadly weapon under ARS §13-3102(A)(1) (a class 1 misdemeanor), which has no
immigration consequences as long as the weapon is not identified as a firearm or explosive device.
Aggravated Felony: AF as Crime of Violence: No. The Ninth Circuit has held that a mens rea
of “recklessness” does not meet the definition of a “crime of violence” as defined by 18 U.S.C. § 16. See
Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 (9th Cir. 2006) (en banc)
AF as Firearms Offense: No, because this offense does not deal with trafficking and does not
have a federal analogue.
Firearms Ground of Deportation: If defendant pleads to A6 and the record of conviction
clearly identifies that defendant had a firearm or destructive device (i.e. explosive), then he/she is
deportable under this ground. Defense counsel should keep the record of conviction vague as to the type
of weapon used, i.e., plead defendant to the statutory language, “a deadly weapon or dangerous weapon.”
DV Ground of Deportation: Some immigration judges have held this to be deportable as a
crime of domestic violence with a § 13-3601 tag, although immigration counsel have strong arguments
against this. If defendant pleads to A6 and the offense was committed against a child, he/she may be
deportable under the child abuse ground. See Note: Domestic Violence.
68. False reporting to law enforcement agencies, ARS § 13-2907.01
A. It is unlawful for a person to knowingly make to a law enforcement agency of either this state or a
political subdivision of this state a false, fraudulent or unfounded report or statement or to knowingly
misrepresent a fact for the purpose of interfering with the orderly operation of a law enforcement agency
or misleading a peace officer.
B. Violation of this section is a class 1 misdemeanor.
Summary. This offense is not an aggravated felony and might fit the facts of the aftermath of a
domestic violence or statutory rape event, i.e. when the perpetrator denies wrongdoing. If the prosecution
is willing to plead to a class 1 misdemeanor, it is not a crime of violence or sexual offense.
Crime Involving Moral Turpitude. Maybe not, no requirement of materiality or bad intent. See
Blanco v. Mukasey, 518 F.3d 714, 719 (9th Cir. 2008) (falsely identifying oneself to law enforcement is
not a CMT since fraudulent intent only inheres when the individual employs false statements to obtain
something tangible).
Other grounds: This may be a good alternate plea where overly harsh immigration
consequences would attach to a relatively minor offense, and where a false statement was made at some
point.
Arizona Criminal Chart with Explanatory Endnote – August 2012
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