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 />
Domestic violence ground: Counsel should assume that a conviction under A1 will cause<br />
deportability under 8 USC § 1227(a)(2)(E)(ii) if the conduct involved a violation of the DV protective<br />
order.<br />
Criminal defense counsel should assume that a conviction under A2 also will be charged as a<br />
deportable “crime of domestic violence” under 8 USC §1227(a)(2)(E)(i), although <strong>immigration</strong> counsel<br />
have arguments against this. If the offense is a misdemeanor, it can only qualify as a “crime of violence”<br />
under 18 USC § 16(a), which requires the offense to have use or threat of <strong>for</strong>ce as an element.<br />
A conviction of “stalking” is a basis <strong>for</strong> deportation under 8 USC § 1227(a)(2)(E)(i). This would<br />
depend on whether § 13-2921 would be classed as stalking. Arguably, the offense is not stalking<br />
‘categorically” <strong>and</strong> would not be so held if the record of conviction was sufficiently vague; see discussion<br />
of § 13-2921, above.<br />
73. Stalking, ARS § 13-2923<br />
A. A person commits stalking if the person intentionally or knowingly engages in a course of conduct that<br />
is directed toward another person <strong>and</strong> if that conduct either:<br />
1. Would cause a reasonable person to fear <strong>for</strong> the person's safety or the safety of that person's immediate<br />
family member <strong>and</strong> that person in fact fears <strong>for</strong> their safety or the safety of that person's immediate family<br />
member.<br />
2. Would cause a reasonable person to fear death of that person or that person's immediate family member<br />
<strong>and</strong> that person in fact fears death of that person or that person's immediate family member.<br />
B. Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection<br />
A, paragraph 2 is a class 3 felony.<br />
C. For the purposes of this section:<br />
1. "Course of conduct" means maintaining visual or physical proximity to a specific person or directing<br />
verbal, written or other threats, whether express or implied, to a specific person on two or more occasions<br />
over a period of time, however short, but does not include constitutionally protected activity.<br />
2. "Immediate family member" means a spouse, parent, child or sibling or any other person who regularly<br />
resides in a person's household or resided in a person's household within the past six months.<br />
Summary: This is a CMT <strong>and</strong> a basis <strong>for</strong> deportability under the domestic violence ground.<br />
Avoid a sentence of 365 days to avoid an aggravated felony. Consider harassment, aggravated<br />
harassment, or other alternatives in Note: Safer Pleas.<br />
Crime Involving Moral Turpitude (CMT): Stalking is a CMT. Jose Ricardo Zavaleta v. INS,<br />
261 F.3d 951 (9th Cir. 2001); Matter of Ajami, 22 I. & N. Dec. 949 (BIA 1999).<br />
Aggravated Felony: Counsel should assume that it will be held a crime of violence, <strong>and</strong> should<br />
avoid a sentence imposed of 365 days or more.<br />
Domestic Violence Ground: A crime of “stalking” is a basis <strong>for</strong> deportability under the<br />
domestic violence ground. 8 U.S.C. § 1227(a)(2)(E)(i). So is a “crime of violence” directed against a<br />
person with a domestic relationship. Counsel should assume that any conviction under § 13-3601 will<br />
cause deportability under this ground.<br />
74. Weapons misconduct, ARS § 13-3102(A)(1-15)<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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