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 />
Aggravated Felony: Crime of Violence: Assume that this is a crime of violence <strong>and</strong> if possible<br />
obtain a sentence of under a year or plead to an alternate offense.<br />
Terrorism Grounds: This offense will likely elicit a charge from the government accusing <strong>and</strong><br />
possibly leading to deportation, inadmissibility, <strong>and</strong> other penalties.<br />
Firearms Deportation Ground: To avoid this ground, defense counsel should plead defendant<br />
to the statutory language, “deadly weapon.”<br />
75. Unlawful discharge of firearms, ARS § 13-3107<br />
A person who with criminal negligence discharges a firearm within or into the limits of any municipality<br />
is guilty of a Class 6 felony.<br />
Crime Involving Moral Turpitude (CMT): Section 13-3107 should not be considered a CMT<br />
because negligence does not describe the requisite intent <strong>for</strong> a CMT <strong>and</strong> the nature of crime is not<br />
“inherently base, vile, or depraved.”<br />
Aggravated Felony: Negligent discharge of a firearm will not be an aggravated felony as a<br />
“crime of violence” within 8 U.S.C. § 16 because an offense with a mens rea of negligence or less is not a<br />
crime of violence. Leocal v. Ashcroft, 125 S.Ct. 377 (2004). Where possible, however, counsel should<br />
get 364 or less, in case of future changes in the law.<br />
Firearms Ground: Negligently discharging a firearm in is a deportable firearms offense within 8<br />
U.S.C. § 1227(a)(2)(C). Valerio-Ochoa v. U.S., 241 F.3d 1092 (9th Cir. 2001) (violation of Cal. Pen.<br />
Code § 246.3 <strong>for</strong> discharging a firearm in a grossly negligent manner is a deportable firearms offense<br />
pursuant to 8 U.S.C. § 1227).<br />
76. Prostitution, ARS § 13-3214<br />
It is unlawful <strong>for</strong> a person to knowingly engage in prostitution. A person who violates this section is<br />
guilty of a class 1 misdemeanor, except that a person who has previously been convicted of three or more<br />
violations of this section <strong>and</strong> who commits a subsequent violation of this section is guilty of a class 5<br />
felony.<br />
Crime Involving Moral Turpitude (CMT): Engaging in prostitution will likely be held a CMT.<br />
Matter of W, 4 I&N Dec. 401 (BIA 1951). The Ninth Circuit has also held that soliciting a prostitute is a<br />
CMT. Rohit v. Holder, 670 F.3d 1085, 1090 (9th Cir. 2012)<br />
Aggravated Felony: No. Although running a prostitution business or transporting a prostitute<br />
<strong>for</strong> commercial advantage is an aggravated felony, the elements of the statute are limited to an individual<br />
who engages in prostitution. 8 U.S.C. § 1101(a)(43)(K).<br />
Other Grounds – Prostitution: Divisible. Under 8 U.S.C. § 1182(a)(2)(D), a person who is<br />
coming to the U.S. to engage in prostitution, or who has engaged in prostitution within ten years of the<br />
date of application <strong>for</strong> admission is inadmissible. However, the Department of State requires an act of<br />
sexual intercourse in order to meet the definition of “prostitution.” 22 C.F.R. § 40.24(b) (2006). The<br />
Arizona statute is broader since a person may be convicted under § 13-3214 <strong>for</strong> engaging in sexual<br />
contact, oral sexual contact, or sadomasochistic abuse. ARS § 13-3211(8); Kepilino v. Gonzales, 454<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
88