quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
possession in the commission of a drug trafficking offense, then it is a CMT. However, if counsel leaves
the record of conviction vague as to whether the offense involved was possession or use of a deadly
weapon and also vague as to the drug offense involved, i.e., leaving open possibility of use or possession,
then immigration counsel can argue that it is not a CMT.
Aggravated Felony: Summary: Avoid a sentence of one year or more and leave the record
vague as to deadly weapon involved, whether use or possession of the deadly weapon was involved,
and/or whether use or possession of drugs was involved.
Crime of Violence: Counsel should assume it is a crime of violence and therefore, defense
counsel should avoid a sentence of one year or more. Mere possession of a deadly weapon is not a COV
because there is no substantial risk that an offender could use violence to perpetrate this offense. United
States v. Medina-Anicacio, 325 F.3d 638 (5th Cir. 2003). On the other hand, possessing a deadly weapon
during the commission of a felony offense is probably a COV since there is a substantial risk that
defendant could use violence.
Firearms Trafficking: 18 USC § 922(g)(3) criminalizes anyone who is an (1) unlawful user of a
controlled substance listed in 21 USC § 802 and (2) possesses a firearm or ammunition. It is therefore,
possible that if defense counsel pleads her client to the specific offense of possession of a firearm or
ammunition while in the course of using drugs listed in the Controlled Substances Act, this could be an
aggravated felony. Counsel should leave the record of conviction vague as to the type of deadly weapon
involved, whether use or possession of a deadly weapon was involved, whether the client was in
possession or using drugs, and/or what kind of drugs were involved.
Firearms Offense: Not trafficking and no federal analogue.
Firearms Deportation Ground: To avoid this ground, defense counsel should keep the record
of conviction vague as to what kind of deadly weapon was used.
A9. Discharging a firearm at an occupied structure to further the interests of a criminal street
gang, a criminal syndicate or a racketeering enterprise
Crime Involving Moral Turpitude (CMT): Yes.
Aggravated Felony: Crime of Violence: Yes. Defense counsel should avoid a sentence of one
year or more to this subsection.
Other Grounds: RICO offense: Nothing in the RICO statutes refers to use of a firearm to further
interest in racketeering enterprise, but statute is written broadly enough to possibly include use of a
firearm to further interests.
Firearms Ground of Deportation: Yes.
A10. Unless specifically authorized by law, entering any public establishment or attending any
public event and carrying a deadly weapon on his person after a reasonable request by the operator
or sponsor to remove his weapon;
A11-13. Unless specifically authorized by law, entering an election polling place on the day of any
election carrying a deadly weapon; or possessing a deadly weapon on school grounds; or entering a
Arizona Criminal Chart with Explanatory Endnote – August 2012
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