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
by the
combined
influence of
drugs and
alcohol
NYVTL
Section
1192 (4-
a)
Aggravated
Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds?:
Controlled Substance (CSO)
Crime Against Children (CAC)
Domestic Violence, etc. (CODV)
Firearm Offense (FO)
Prostitution
Commercialized Vice
No. Probably NOT Might be CSO if record of
conviction establishes a controlled
substance as defined in 21 U.S.C.
802.
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.
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.
Class A and B
misdemeanor
Aggravated
driving while
intoxicated
Class A and B
misdemeanor
Reckless
driving
Misdemeanor
1192-a No. Probably NOT
1212 No. Probably NOT.
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.
NYSDA IMMIGRANT DEFENSE PROJECT, December 2006 A-97