quick reference chart and annotations for determining immigration ...

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