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 />
of marijuana should receive the benefit of the 30 grams or less of marijuana exception that is discussed in<br />
possession, supra. Flores-Arellano v. INS, 5 F.3d 360 (9th Cir. 1993). Use of marijuana ought to be held<br />
equivalent to being under the influence.<br />
Eliminating the conviction. A conviction <strong>for</strong> use of marijuana may NOT be eliminated by state<br />
“rehabilitative relief” even if it occurred prior to July 14, 2011. See Nunez-Reyes v. Holder, 646 F.3d 684,<br />
695 (9th Cir. 2011) (en banc) (overruling Rice v. Holder, 597 F.3d 952 (9th Cir. 2010)).<br />
A2. Possession of marijuana <strong>for</strong> sale.<br />
Crime Involving Moral Turpitude: Yes, because it involves drug trafficking. Matter of<br />
Khourn, 21 I&N Dec. 1041 (BIA 1997).<br />
Aggravated felony: Yes, as a drug trafficking offense, regardless of sentence imposed.<br />
Other Grounds: Deportable <strong>and</strong> inadmissible <strong>for</strong> conviction of an offense relating to a<br />
controlled substance. Gives the government “reason to believe” that the person has been or aided a drug<br />
trafficker, which is a separate ground of inadmissibility.<br />
A3. Produce<br />
Crime Involving Moral Turpitude: Yes, as trafficking, except that if the record left open the<br />
possibility that it was <strong>for</strong> personal use it might not be so held. Matter of Khourn, id.<br />
Aggravated felony. Maybe. Attempt to plead to possession or, better, use. Produce means<br />
grow, plant, cultivate, harvest, dry, process or prepare <strong>for</strong> sale. ARS § 13-3401(25). For a state offense<br />
to be an aggravated felony, the state offense must contain the same elements as an offense in one of the<br />
identified federal sections <strong>and</strong> the offense must be a felony in federal court. The federal law prohibits<br />
manufacture of a controlled substance, which could be analogized to production.<br />
Other Grounds: Deportable <strong>and</strong> inadmissible <strong>for</strong> conviction of an offense relating to a<br />
controlled substance. Might or might not give the government “reason to believe” that the person has<br />
been or aided a drug trafficker, which is a separate ground of inadmissibility.<br />
A4. Transport <strong>for</strong> sale, import into state, sell, transfer, offer to transport/import/sell/transfer<br />
a. Transport <strong>for</strong> sale, sell<br />
Crime Involving Moral Turpitude: Yes, as drug trafficking.<br />
Aggravated Felony: Yes. Straight transportation does not meet the general definition of<br />
trafficking. United States v. Casarez-Bravo, 181 F.3d 1074 (9th Cir. 1999); Saleres v. INS, 22 Fed. Appx.<br />
831 (9th Cir. 2001)(Table). But because this offense is transport <strong>for</strong> sale it will be found to involve an<br />
element of trafficking.<br />
Controlled Substance Conviction Causing Deportability <strong>and</strong> Inadmissibility. Yes.<br />
b. Import into this state<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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