quick reference chart and annotations for determining immigration ...

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