Quick Reference Chart for Determining Immigration Consequences ...

APPENDIX A: QUICK REFERENCE CHART FOR DETERMINING IMMIGRATION CONSEQUENCES OF COMMON NEW YORK OFFENSES
Offense
Driving while
ability impaired
NYVTL
Section
Aggravated
Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
1192(1) No. Probably NOT.
Other Grounds?:
Controlled Substance (CSO)
Crime Against Children (CAC)
Domestic Violence, etc. (CODV)
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.
Traffic
infraction
Misdemeanor
Driving while
intoxicated; per
se
1192(2) No. Probably NOT
Misdemeanor
Class E felony
Driving while
intoxicated
1192(3) No. Probably NOT.
Misdemeanor
Class E felony
Driving while
ability impaired
by drugs
Misdemeanor
Class E felony
1192(4) No. Probably NOT. Might be CSO if record of
conviction establishes a controlled
substance as defined in 21 U.S.C.
802.
Tip for defense lawyers:
1. To avoid CSO risk, consider alternative
offenses that do not have drugs as an element of the
offense.
2. If pleading to this offense cannot be avoided, if
possible keep out of record of conviction
identification of the controlled substance involved.
Tip for immigration lawyers:
1. Argue NOT CSO if government failed to prove
that the controlled substance involved is one defined
in 21 USC 802.
A-96 NYSDA IMMIGRANT DEFENSE PROJECT, December 2006