Quick Reference Chart for Determining Immigration Consequences ...

APPENDIX A: QUICK REFERENCE CHART FOR DETERMINING IMMIGRATION CONSEQUENCES OF COMMON NEW YORK OFFENSES
Offense
Trademark
counterfeiting,
1 st degree
Class C felony
NYPL
Section
Aggravated
Felony (AF)?
165.73 If term of
imprisonment
imposed is one
year or more,
might be
“counterfeiting”
AF. If the loss
to the victim(s)
exceeds
$10,000, might
also be “fraud”
AF especially if
record of
conviction
shows element
of intent to
defraud or
deceive (as
opposed to
evade a lawful
restriction).
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds?:
Controlled Substance (CSO)
Crime Against Child (CAC)
Dom. Violence (CODV) etc.
Firearm Offense (FO)
Prostitution
Commercialized Vice
Comments, Strategies & Tips
These are by no means an exhaustive list of strategies and tips
advocates may pursue. For additional defense lawyer strategies,
see Chapter 5. For additional immigration lawyer strategies, see
Appendix K.
Probably. Tip for defense lawyers:
1. To avoid “counterfeiting” AF, consider alternative
offense of Trademark Counterfeiting, 3 rd or 2 nd and get
sentence of 364 days or less (see above, PL 165.71 &
165.72) if possible.
2. To decrease risk of “fraud” AF, specify in the plea
colloquy if possible that the loss amount did not exceed
$10,000 (regardless of retail value); and/or specify in
plea colloquy that offense was committed with intent to
evade a lawful restriction on sale/resale (as opposed to
with intent to deceive or defraud). See Valansi v.
Ashcroft, 278 F.3d 203 (3d Cir. 2002).
NYSDA IMMIGRANT DEFENSE PROJECT, December 2006 A-41