quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
Aggravated Felony: Crime of Violence: Assume that this is a crime of violence and if possible
obtain a sentence of under a year or plead to an alternate offense.
Terrorism Grounds: This offense will likely elicit a charge from the government accusing and
possibly leading to deportation, inadmissibility, and other penalties.
Firearms Deportation Ground: To avoid this ground, defense counsel should plead defendant
to the statutory language, “deadly weapon.”
75. Unlawful discharge of firearms, ARS § 13-3107
A person who with criminal negligence discharges a firearm within or into the limits of any municipality
is guilty of a Class 6 felony.
Crime Involving Moral Turpitude (CMT): Section 13-3107 should not be considered a CMT
because negligence does not describe the requisite intent for a CMT and the nature of crime is not
“inherently base, vile, or depraved.”
Aggravated Felony: Negligent discharge of a firearm will not be an aggravated felony as a
“crime of violence” within 8 U.S.C. § 16 because an offense with a mens rea of negligence or less is not a
crime of violence. Leocal v. Ashcroft, 125 S.Ct. 377 (2004). Where possible, however, counsel should
get 364 or less, in case of future changes in the law.
Firearms Ground: Negligently discharging a firearm in is a deportable firearms offense within 8
U.S.C. § 1227(a)(2)(C). Valerio-Ochoa v. U.S., 241 F.3d 1092 (9th Cir. 2001) (violation of Cal. Pen.
Code § 246.3 for discharging a firearm in a grossly negligent manner is a deportable firearms offense
pursuant to 8 U.S.C. § 1227).
76. Prostitution, ARS § 13-3214
It is unlawful for a person to knowingly engage in prostitution. A person who violates this section is
guilty of a class 1 misdemeanor, except that a person who has previously been convicted of three or more
violations of this section and who commits a subsequent violation of this section is guilty of a class 5
felony.
Crime Involving Moral Turpitude (CMT): Engaging in prostitution will likely be held a CMT.
Matter of W, 4 I&N Dec. 401 (BIA 1951). The Ninth Circuit has also held that soliciting a prostitute is a
CMT. Rohit v. Holder, 670 F.3d 1085, 1090 (9th Cir. 2012)
Aggravated Felony: No. Although running a prostitution business or transporting a prostitute
for commercial advantage is an aggravated felony, the elements of the statute are limited to an individual
who engages in prostitution. 8 U.S.C. § 1101(a)(43)(K).
Other Grounds – Prostitution: Divisible. Under 8 U.S.C. § 1182(a)(2)(D), a person who is
coming to the U.S. to engage in prostitution, or who has engaged in prostitution within ten years of the
date of application for admission is inadmissible. However, the Department of State requires an act of
sexual intercourse in order to meet the definition of “prostitution.” 22 C.F.R. § 40.24(b) (2006). The
Arizona statute is broader since a person may be convicted under § 13-3214 for engaging in sexual
contact, oral sexual contact, or sadomasochistic abuse. ARS § 13-3211(8); Kepilino v. Gonzales, 454
Arizona Criminal Chart with Explanatory Endnote – August 2012
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