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 />
nuclear or hydroelectric generating station carrying a deadly weapon on his person or within the<br />
immediate control of any person.<br />
Crime Involving Moral Turpitude (CMT): Probably not. Mere possession of a weapon with<br />
no malice or intent to harm is not a CMT. Matter of Rain<strong>for</strong>d, 20 I. & N. Dec. 598 (BIA 1992).<br />
Aggravated felony. No, except that possession of an explosive in an airport is an aggravated<br />
felony. See 18 USC § 844(g).<br />
Firearms Deportation Ground: To avoid this ground, defense counsel should plead defendant<br />
to the statutory language, “deadly weapon,” or identify a weapon that is not a firearm or destructive<br />
device.<br />
A14. Supplying, selling or giving firearm to another person if the person knows or has reason to<br />
know that the other person would use the firearm in the commission of any felony.<br />
Crime Involving Moral Turpitude (CMT): Probably.<br />
Aggravated Felony: Firearms Offense: Probably. 18 U.S.C. § 924(h) criminalizes the transfer<br />
of a firearm with knowledge it will be used to commit a crime of violence or drug trafficking offense. An<br />
analogous state law is an aggravated felony. To attempt to avoid this aggravated felony ground, defense<br />
counsel should avoid any mention of the type of felony to be committed, i.e., plead defendant to the<br />
statutory language “commission of any felony.” It still might be so held, however, on the theory that a<br />
firearm could not be used in the commission of a non-violent felony. Avoiding a one-year sentence will<br />
not prevent a conviction from being an aggravated felony under this category.<br />
Crime of Violence: Unclear. Counsel should plead to another offense or to less than a year.<br />
There is no substantial risk that physical <strong>for</strong>ce may used in the course of committing this offense, which is<br />
supplying, selling, or giving possession of a firearm to another person, but the government may argue<br />
successfully that this is a crime of violence because the situation as a whole could lead to use of <strong>for</strong>ce.<br />
See Prakash v. Holder, 579 F.3d 1033 (9th Cir. 2009) (soliciting a violent act poses a substantial risk that<br />
physical <strong>for</strong>ce will be used against another even if the actual violence may occur after the solicitation<br />
itself); Matter of Guerrero, 25 I&N Dec. 631 (BIA 2011).<br />
Firearms Trafficking Offense: “Supplying” <strong>and</strong> “selling” can be construed as trafficking in<br />
firearms. “Giving possession or control of a firearm” probably is not trafficking. Either avoid pleading<br />
defendant to this subsection or keep the record of conviction vague by pleading defendant to “supplying,<br />
selling, or giving possession or control.”<br />
Firearms Deportation Ground: Yes.<br />
A15. Deadly weapon in furtherance of any act of terrorism as defined in section 13-2301 or<br />
possessing or exercising control over a deadly weapon knowing or having reason to know that it<br />
will be used to facilitate any act of terrorism as defined in section 13-2301.<br />
Avoid a plea to this ground.<br />
Crime Involving Moral Turpitude (CMT): Assume that this is a CMT.<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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