California Crimes That Lead to Deportation

If you are not a United States citizen, a California conviction for Certain crimes can lead to You Being Deported-removed-from the country. 1

If you are Convicted of One of These so-called "deportable crimes," then the Department of Homeland Security May deport you. . . Regardless of how long You have lived in the US or how well-established your life is here. 2

The major categories of California "deportable crimes" are:

  1. So-called " crimes of moral turpitude , "

  2. So-called "aggravated felonies"

  3. California controlled substances (drug) Offenses,

  4. Firearms Offenses, and

  5. Domestic violence crimes. 3

Unfortunately, far too many immigrants facing criminal charges are California Represented by attorneys Who Do not Understand The Immigration Consequences of a conviction for a deportable crime.

As a result, These attorneys May not fight the charge as aggressively as Should-and They Might even advise the defendant to plead guilty or "no contest."

Example : Javier was born in Brazil but came to the US With His parents as an infant. He has-been living in Oakland ever since.

When Javier is 19, I is caught with 100 grams (about three-and-a-half ounces) of marijuana in His possession. The prosecutor charges him INITIALLY With marijuana possession for the purpose of sale , Which Carries a maximum sentence of three years in prison. 4

Javier's criminal defense attorney - who does not Understand immigration law - advises him to plead guilty Instead to possession of marijuana for personal use . That conviction is esta Because Carries a much lower maximum sentence-only six months in jail. 5

But after I've Already pled guilty, Javier discovers That His possession of marijuana conviction (like almost all  drug crimes California ) is a deportable offense. 6 THUS, if Understood His attorney HAD criminal immigration law, I probably would Have advised him to fight the more serious charge instead.

This is why it is extremely Important for all non-citizens facing criminal charges to be Represented by a criminal defense and immigration attorney WHO Understands immigration law as well as criminal law.

In order to help you better Understand Which California crimes can lead to deportation, our California criminal defense and immigration attorneys will address the following:

1. Due to California Deportation Criminal Convictions: Who is Eligible?
2. Crimes of moral turpitude in California Law and Deportation
3. California Aggravated Felonies and Deportation
4. Deportation for California Drug Crimes
5. Deportation for California Firearms Offenses
6. Deportation for California Domestic Violence Convictions
7. California Deportable Crimes and Related Topics

7.1. Drug addiction and deportation

7.2. Post-conviction relief for California immigrants

7.3. Cancellation of removal

If, after reading this article, You have additional questions, we invite you to contact us.

1. Due to California Deportation Criminal Convictions: Who is Eligible?

The federal Immigration and Nationality Act (usually Referred to as the "INA") That Provides any non-citizen living in the United States May be Deported - That is, removed from the country - If They are Convicted of Certain Criminal Offenses. 7

It does not matter

  • how long You have lived in the US,

  • how well-established your life is here (eg, homeownership, job, business ownership)

  • Whether you have a dependent child Who is a US citizen. 9

Similarly, it does not matter what your immigration status is. All non-citizens are subject to the deportability sections of the INA, 10 Whether They are

  • Legal permanent residents (aka " green card "holders)

  • visa holders (student visas, work visas, etc.), or

  • Refugees Who Have Been Granted Asylum .

Example : Jesus is born in Mexico. He is ADMITTED to the US as a lawful permanent resident ("green card" holder) When He is only 2 years old and lives here Continuously from then on. I marries an American citizen When He is in His 20s-but I never Becomes a citizen himself.

After Being Convicted of several theft crimes Offenses Which are deportable, Jesus is Deported to Mexico. That it does not matter I've virtually lived His life entirely in the US and has strong ties here. 11

Vs. Deportation inadmissibility

It is Important to note That deportation is not the only thing non-citizens Have to Worry About If They are Convicted of a crime. inadmissibility immigration is another potential consequence of a criminal conviction California.

If you a non-citizen and you are Convicted of Certain " inadmissible crimes " 12 , May you not be allowed to:

  1. re-enter the country after leaving,

  2. Become a US citizen, or

  3. apply for permanent residence (a green card) or an "adjustment of status" - That is, a change from illegal to legal immigration status. 13

But-in contrast to a conviction for one of the deportable crimes we discuss below-a conviction for an inadmissible crime will not Necessarily Lead to You Being removed from the country against your will. 14

2. Crimes of moral turpitude in California Law and Deportation

Section 237 of the INA lists the crimes for Which You Can Be Deported. 15

The first major category of deportable crime Consists of so-called "crimes of moral turpitude" (Also known as "crimes Involving moral turpitude" or "CIMTs"). 16

Crimes of moral turpitude are an unusually complicated area of immigration law. That is Because the INA does not define what a "crime of moral turpitude" is. 17 As a result, California and  federal courts Have had to come up With Their own definition. 18

Definition of moral turpitude in California

Courts Have defined moral turpitude as a corruption of the social basic duties That everyone owes to other people and to society as a whole-in other words, antisocial behavior That harms another person or the social good. 19

A few of the California courts Have DECIDED That crimes are crimes of moral turpitude are:

  • Arson, 20

  • Assault with a deadly weapon, 21

  • Burglary, 22

  • Cultivation of marijuana, 23

  • Forgery, 24

  • Grand theft 25 and grand theft auto, 26

  • Kidnapping, 27

  • Murder, 28

  • Possession for sale of controlled substances, 29

  • Rape, 30

  • Receiving stolen property, 31 and

  • Repeated felony convictions for driving under the influence (DUI). 32

(On That last item, the Immigration Consequences of a California DUI conviction are a very complicated topic and are best addressed by an experienced California criminal immigration attorney.)

What about That crimes are not crimes of moral turpitude? California courts Have DECIDED That the following crimes are not crimes Involving moral turpitude and just thus do not have the same immigration Consequences:

  • Assault (not Involving a deadly weapon), 33

  • Child endangerment, 34

  • Indecent exposure, 35 and

  • Involuntary manslaughter. 36

Crimes of moral turpitude and deportability

Just being single Convicted of a crime of moral turpitude is not enough to make you deportable. Instead, you are deportable only if you either:

  1. Are Convicted of a crime of moral turpitude Which to prison for a sentence of one (1) year or longer May be imposed, Within five (5) years of Being ADMITTED to the US, OR
  2. Are Convicted of two (2) or more crimes of moral turpitude That did not Arise out of a single criminal scheme. 37

Example : Sophia is originally from El Salvador and has-been a lawful permanent resident of the US for 10 years.

Her Personal Life Takes a turn for the worse, and she is Convicted of grand theft auto under Vehicle Code 10851 for attempting to steal a car. She Receives a misdemeanor sentence and Serves some time in county jail. 38

Even though this is a crime of moral turpitude, Sophia is not deportable. She've Been Convicted of only one crime of moral turpitude-and the conviction occurred more than 5 years after she was ADMITTED to the US

BUT

Example : Let's Say That, a few years later, Sophia is arrested for burglary California .

Convicted If she is, she will be deportable ... because esta would be her second conviction of a crime of moral turpitude, and it is not part of the same criminal scheme as her grand theft auto conviction.

THEREFORE, it is in Sophia's best interest to charge aggressively fight esta ... to avoid Being sent back to El Salvador if she is Convicted.

3. California Aggravated Felonies and Deportation

Another category of deportable crime is the so-called "aggravated felony." 39 This Means That a conviction for Certain felonies in California law can lead to You Being removed from esta country.

In contrast to crimes moral of turpitude-which Have to be Identified as Such by courts-the phrase "aggravated felony" has a specific definition in the INA. 40 Some of the Most Important crimes That are Considered aggravated felonies under criminal immigration law are:

  1. Murder,

  2. Rape,

  3. Sexual abuse of a minor,

  4. Drug trafficking,

  5. Illicit trafficking in firearms,

  6. Theft crimes for Which the sentence is more than one (1) year in prison,

  7. Crimes related to the operation or supervision of a prostitution business handler (such as pimping ), and

  8. Fraud crimes That swindle the victim out of At least ten thousand dollars ($ 10,000). 41

You May notice That there is some overlap Between the list of crimes of moral turpitude and the list of aggravated felonies. For example, murder and rape are on Both lists. 42

Example : Ahmed Moved to the US as a refugee from Somalia eight years ago. I is arrested and charged With rape-which is a crime of moral turpitude.

Normally, a single conviction of a crime of moral turpitude That occurred 8 years after I Entered the US would not make Ahmed deportable. But rape is an aggravated felony Also. THEREFORE, if Ahmed is Convicted, I will be Deported.

According To St. criminal and immigration attorney Ana John Murray 43 :

"For a criminal defendant Who is not a US citizen, an aggravated felony conviction is very bad news. Not enough criminal defense attorneys Understand esta right off the bat. For me, the Most Important goal for a non-citizen Avoiding client is an aggravated felony conviction ... Whether this is best done by pleading guilty to a non-deportable crime or by fighting the charge with all we've got. "

4. Deportation for California Drug Crimes

Another major category of deportable crimes is Offenses controlled substances. Under the INA, almost all California drug crimes can lead to deportation. 44

This includes Both serious and not-so-serious drug crimes. You May Be Deported if you are Convicted of

  • Drug manufacturing,

  • Drug transport / sale,

  • Possession of drugs for sale, or

  • Simple possession. 45

There is one exception. You May not be Deported drug crime only if your conviction is for a single charge of  mere possession of marijuana - as long as the amount possessed is thirty (30) grams or less. 46 (This is the equivalent of just over one (1) ounce.)

This provision of the INA have incredibly harsh results for many immigrants - Just Because Offenses for drug convictions are so common, and so happen to Frequently Otherwise law-abiding people.

A few years back, almost one-third of the non-citizens for Offenses criminal Were Deported Deported Because of Drug Offenses. 47 In 2009, almost 40,000 immigrants Were Deported after a drug conviction. 48

5. Deportation for California Firearms Offenses

Another group of deportable crimes is Offenses related to firearms or destructive devices. 49

Specifically, You Can Be Deported if you are Convicted of illegally

  • purchasing,

  • selling,

  • exchanging,

  • Possessing,

  • using, or

  • carrying

any firearm. 50

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In practice, This Means That virtually any conviction for Violating California gun laws can lead to deportation. Common firearm crimes are deportable  California's "felon with a firearm" law and  assault with a firearm (Which is Also a crime of moral turpitude 51 ).

6. Deportation for California Domestic Violence Convictions

The last major category of deportable crimes California is for convictions under California domestic violence laws . 52

You need only a single conviction of a domestic violence offense to be deportable. 53 For purposes of the INA, a "domestic violence offense" Means not just a classic domestic abuse crime like domestic battery on a spouse or partner - But Also child abuse and even  Violating a restraining order . 54

Example : Rajiv is from India. I is a graduate student at the University of California and is living in the US on a student visa. He and his girlfriend have a tumultuous relationship, and she ends up Obtaining a restraining order against him.

Rajiv is unfamiliar With the concept of an American restraining order, and I have contacts his girlfriend Repeatedly In Spite of the restraining order-thereby Violating it. I is arrested and Convicted of That crime. This Means I May be Deported now.

7. California Deportable Crimes and Related Topics

7.1. Drug addiction and deportation

In Addition to the deportable crimes we just described, another common cause of deportation is a section of the INA That Allows the government to deport you for Being addicted to drugs-even if you are never Convicted of a crime related to this! 55

Specifically, section 212 (a) (2) (B) of the INA Provides That You May Be Deported If You Either

  • currently are a drug addict or abuser, or

  • Have Been a drug abuser or addict since you were ADMITTED to the US 56

7.2. Post-conviction relief for California immigrants

Many of our clients want to know if there's any way to save Their immigration status-and Their life in the US-even if They have a conviction for a California deportable crime on Their record.

The answer May be yes. An experienced California criminal and immigration attorney can offer you advice on the Possibility of receiving some kind of post-conviction relief . Relief if you are eligible for the right form of post-conviction, your conviction May not lead to You Being Deported.

Some of the Most Common forms of post-conviction relief are:

  1. Reduction of a felony to a misdemeanor,

  2. A motion to vacate a conviction based on a guilty plea if you were not advised of the immigration Consequences of the plea, 57

  3. That re-sentencing so your new, lesser sentence does not trigger immigration Consequences, and

  4. A motion to vacate a conviction based on a claim that you 'received ineffective assistance of counsel (ie, bad legal advice). 58

7.3. Cancellation of removal

Even if you are unable to Obtain any form of post-conviction relief, you May still be eligible for something called "cancellation of removal." 59 An application for cancellation of removal would be Dealt With in US Immigration Court , not in a criminal court .

You May be eligible for cancellation of removal only if you are a lawful permanent resident-that is, a "green card" holder-and you meet all of the following requirements:

  1. You Have had your green card for At least five (5) years,

  2. You have lived in the US Continuously, With Some legal immigration status, for At least seven (7) years, AND

  3. You have not Been Convicted of an aggravated felony. 60

Call Us for Help ...

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If you or loved one is charged with a crime That lead to deportation and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can Provide a free consultation in office or phone. We Have Local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and THROUGHOUT California.

To learn more about deportable crimes in Nevada, Please visit our page on deportable crimes in Nevada.

¿Habla español? Visite nuestro sitio Web en español sobre los delitos que dan lugar a la deportación en California.

Legal References:

1 Immigration & Nationality Act ("INA") 237, 8 USC 1227 - Deportable aliens [key section of criminal immigration law]. ("(A) Classes of deportable aliens: Any alien (including an alien crewman) in and ADMITTED to the United States Shall, upon the order of the Attorney General, be removed if the alien is Within one or more of the following classes of deportable aliens... (2) Criminal Offenses (A) General crimes (i) Crimes of moral turpitude Any alien who-- (I) is Convicted of a Crime Involving Moral turpitude Committed Within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and (II) is Convicted of a crime for Which a sentence of one year or longer May be imposed, is deportable. ( ii) Any alien Multiple criminal convictions WHO at any time after admission is Convicted of two or more crimes Involving moral turpitude, not Arising out of a single scheme of criminal misconduct, Regardless of Whether confined therefor and Regardless of Whether the convictions Were in a single trial, is deportable. (iii) Any alien Aggravated felony Who is Convicted of an aggravated felony at any time after admission is deportable. (Iv) Any alien flight High speed Who is Convicted of a violation of section 758 of Title 18 (Relating to high speed flight from an immigration checkpoint) is deportable. (V) Failure to register as a sex offender Who is Convicted Any alien under section 2250 of Title 18 is deportable. (Vi) Waiver authorized Clauses (i), (ii), (iii) and (iv) Shall not apply in the case of an alien With respect to a criminal conviction if the alien subsequent to the criminal conviction you Has Been Granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States. (B) Controlled substances (i) Any alien WHO Conviction at any time after admission Has Been Convicted of a violation of (or a conspiracy or Attempt to violate) any law or regulation of a State, the United States, or a foreign country Relating to a controlled substance (as defined in section 802 of Title 21), other than a single offense Involving possession for one's own use of 30 grams or less of marijuana, is deportable. (Ii) Drug abusers and addicts Any alien Who is, or at any time after admission has-been, a drug abuser or addict is deportable. (C) Certain Offenses Any alien WHO firearm at any time after admission is Convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, Possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, POSSESS, or carry, any weapon, part, or accessory Which is a firearm or destructive device (as defined in section 921 (a) of Title 18) in violation of any law is deportable. (D) Any alien Miscellaneous crimes at any time WHO has-been Convicted (the judgment on end becoming Such conviction) of, or has-been so Convicted of a conspiracy or Attempt to violate-- (i) any offense under chapter 37 (Relating to espionage), chapter 105 (Relating to sabotage), or chapter 115 (Relating to treason and sedition) of Title 18 for Which a term of imprisonment of five or more years May be imposed; (Ii) any offense under section 871 or 960 of Title 18; (Iii) a violation of any provision of the Military Selective Service Act (50 USC 451 et seq App..) Or the Trading With the Enemy Act (50 USC App 1 et seq..); or (iv) a violation of section 1185 or 1328 of this title, is deportable. (E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and (i) Domestic violence, stalking, child abuse and WHO Any alien at any time after admission is Convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, abandonment or child is deportable. For purposes of esta clause, the term "crime of domestic violence" Means any crime of violence (as defined in section 16 of Title 18) against a person Committed by a current or former spouse of the person, by an Individual with Whom the person shares a child in common, by an Individual Who is cohabiting or has cohabited With With the person as a spouse, by an Individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction Where the offense OCCURS, or by any other single against A person who is protected from individually That's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government. (Ii) Violators of protection orders Any alien WHO at any time after admission is enjoined under a protection order issued by a court and Whom the court has engaged in conduct Determines That violates the portion of a protection order against credible protection That Involves Threats of violence , Repeated harassment, or bodily injury to the person or persons For Whom the protection order was issued is deportable. For purposes of esta clause, the term "protection order" Means any injunction issued for the purpose of preventative violent or threatening acts of domestic violence, Including temporary end or orders issued by criminal or civil courts (other than child support or custody orders or Provisions ) Whether independent Obtained by filing an action or as a pendente lite order in another proceeding. (F) Any alien Trafficking Described in section 1182 (a) (2) (H) of this title is deportable. ")

2 See same.

3 See same.

4 Health and Safety Code 11357 HS - California's law against possession of marijuana for sale [a deportable crime]. ("Every person WHO Possesses for sale any marijuana, except as provided by law Otherwise, Shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.")

See also Criminal Code 1170 (h) PC. ("(H) (1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision Where the term is not specified in the underlying offense Shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years. ")

5 Health and Safety Code 11357 HS - California's law against possession of marijuana for staff use [Potentially a deportable crime]. ("(C) Except as authorized by law, every person WHO Possesses more than 28.5 grams of marijuana, other than concentrated cannabis, Shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($ 500), or by Both Such fine and imprisonment. ")

6 See INA 237, endnote 1 above [deportable crimes].

7 See INA 237, endnote 1 above [deportable crimes].

8 See Saw-Reyes v. INS, (5th Cir. 1978) 585 F.2d 762 ("The petitioner Makes several other related arguments. For example, I have Argues That if I is an alien [with a criminal conviction That Has Consequences immigration] and if the deportation statutes THEREFORE apply to him, the application of Those statutes In This case violates the equal protection clause. His argument is That by virtue of His long residence, I stands similarly situated to any person born in the United States. Since "an individually born in esta Deported country would not be the same if I Committed identical crimes "as the petitioner, the deportation effect an unlawful discrimination statutes. We have Considered This and other arguments raised by petitioner and find them meritless.")

9 Encis-Cardozo v. INS (2d Cir. 1974), 504 F.2d 1252 ("[I] t appears to be established Firmly That an infant's status as a citizen and his dependence on His alien parent do not Prevent the deportation of the alien parent [ following a criminal conviction].... ")

10 See INA 101, 8 USC 1101 - Definitions. ("(A) As used in esta Act [the INA] -... (3) the term" alien "Means any person not a citizen or national of the United States.")

11 Based on the facts of Sierra-Reyes v. INS, endnote 8 above.

12 212 INA, 8 USC 1182 - (a) Classes of aliens ineligible for visas or admission [key section of criminal immigration law]. ("Except as provided in esta chapter Otherwise, aliens Who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be ADMITTED to the United States:... (2) Criminal and related grounds (A) Conviction of Certain crimes (i) In General Except as provided in clause (ii), any alien Convicted of, or WHO admits having Committed, or Committing acts WHO admits Which Constitute the essential elements of-- (I) a crime Involving moral turpitude (other than a purely political offense) or an Attempt or conspiracy to commit Such a crime, or (II) a violation of (or a conspiracy or Attempt to violate) any law or regulation of a State, the United States, or to Relating to a foreign country controlled substance (as defined in section 802 of Title 21), is inadmissible. (ii) Exception Clause (i) (I) Shall not apply to an alien WHO Committed only one crime if-- (I) the crime was Committed When the alien was under 18 years of age, and the crime was Committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or (II) the maximum penalty possible for the crime Of which the alien was Convicted (or the alien admits having Which Committed Of which the acts or the alien admits That Committed having constituted the essential elements) did not Exceed imprisonment for one year and, if the alien was Convicted of Such crime, the alien was not Sentenced to a term of imprisonment in excess of 6 months (Regardless of the extent to Which the sentence was Ultimately Executed). (B) Any alien Multiple criminal convictions Convicted of 2 or more Offenses (other than purely political Offenses), Regardless of Whether the conviction was in a single trial or Whether the Offenses Arose from a single scheme of misconduct and Offenses Regardless of Whether the Involved moral turpitude, for Which the aggregate sentences to confinement Were 5 years or more is inadmissible. (C) Any alien Controlled substance traffickers Who the consular officer or the Attorney General knows or has reason to believe-- (i) is or has-been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of Title 21), or is or has-been to Knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled substance or listed or chemical, or endeavored to do so; or (ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, Within the previous 5 years, Obtained any financial or other benefit from the illicit activity of That alien, and reasonably Knew or Should Have Known That the financial or other benefit Such was the product of illicit activity, is inadmissible. (D) Prostitution and commercialized vice Any alien who-- (i) is coming to the United States Solely, Principally, or incidentally to engage in prostitution, or have engaged in prostitution Within 10 years of the date of application for a visa, admission , or adjustment of status, (ii) Directly or Indirectly or procures Attempts to try, or (Within 10 years of the date of application for a visa, admission, or adjustment of status) procured or Attempted to try or to import, or prostitutes persons for the purpose of prostitution, or Receives or (Within Such 10-year period) received, in whole or in part, the proceeds of prostitution, or (iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible. (E) Certain aliens Involved in serious criminal activity Who Have Asserted immunity from prosecution Any alien-- (i) who have Committed in the United States at any time a serious criminal offense (as defined in section 1101 (h) of this title) (ii) For Whom immunity from criminal jurisdiction was exercised That With respect to offense, (iii) who as a consequence of the offense and exercise of immunity have departed from the United States, and (iv) who have not subsequently fully Submitted to the jurisdiction of the court in the United States having jurisdiction With respect to That offense, is inadmissible. (F) For Waiver authorized waiver of provision Authorizing Certain esta subparagraphs of paragraph, see subsection (h) of esta section. (G) Foreign Government Officials Who Have Committed Particularly severe Violations of religious freedom Any alien who, while serving as a foreign government official, was responsible for or Directly Carried out, at any time, Particularly severe Violations of religious freedom, as defined in section 6402 of Title 22, is inadmissible. (H) Significant traffickers in persons (i) In General Any alien WHO commits or conspires to commit human trafficking Offenses in the United States or outside the United States, or Who the consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows or has reason to believe is or has-been to Knowing aider, abettor, assister, conspirator, or colluder With Such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of Title 22, is inadmissible . (Ii) Beneficiaries of trafficking Except as provided in clause (iii), any alien Who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an inadmissible alien under clause (i), you , Within the previous 5 years, Obtained any financial or other benefit from the illicit activity of That alien, and Knew or reasonably should have known That the financial or other benefit Such was the product of illicit activity, is inadmissible. (Iii) Exception for Certain sons and daughters Clause (ii) Shall not apply to a WHO are or daughter was a child at the time I received the benefit or she Described in Such clause. (I) Any Money laundering alien-- (i) who a consular officer or the Attorney General knows, or has reason to believe, you have engaged, is Engaging, or seeks to enter the United States to engage, in an offense Which is Described in section 1956 or 1957 of Title 18 (Relating to laundering of monetary instruments); or (ii) who a consular officer or the Attorney General knows is, or has-been, a Knowing aider, abettor, assister, conspirator, or colluder with others in an offense Such Which is Described in section; is inadmissible. ")

13 245 INA, 8 USC 1255 - Adjustment of status of nonimmigrant to That of person ADMITTED for permanent residence [Can Be Affected by inadmissibility, Which is distinct from deportability]. ("(A) The status of an alien was inspected and WHO ADMITTED or paroled into the United States 1 / or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa / may be adjusted by the Attorney General, In His discretion and under Such regulations as May have prescribed, to That of an alien lawfully ADMITTED for permanent residence if (1) the application for an alien Makes Such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) Immediately an immigrant visa is available to him at the time His application is filed.... (i) (1) 2a / Notwithstanding the Provisions of Subsections (a) and (c) de esta section, an alien physically present in the United States - (A) who - (i) Entered the United States without inspection;... (2) Upon receipt of Such an application and the sum hereby required , the Attorney General May adjust the status of the alien to That of an alien lawfully ADMITTED for permanent residence if-(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (B) Immediately an immigrant visa is available to the alien at the time the application is filed. ")

14 See CEB California Criminal Law Practice & Procedure § 52.18: Grounds of inadmissibility [contrast to Consequences of deportable crimes]. ("In sum, one can view the grounds for inadmissibility as the standard for a person attempting to Obtain some Authorities benefit from immigration. An undocumented person WHO Applies for permanent residency, a person with lawful immigration status WHO leaves the United States and needs to reenter, and a permanent resident WHO wishes to Become a US citizen can all be barred by Being inadmissible on the crimes-related grounds. However, a noncitizen WHO has-been lawfully ADMITTED to the United States at some point can not be Deported Merely for Being inadmissible (unless I or she was inadmissible at the time of the last admission) to be Deported, the person must eat Within a ground of deportability ").

15 See INA 237, endnote 1 above [deportable crimes].

16 See INA 237 (a) (2) (A). ("(I) Crimes of moral turpitude [one category of deportable crime]. Any alien who-- (I) is Convicted of a Crime Involving Moral turpitude Committed Within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and (II) is Convicted of a crime for Which a sentence of one year or longer May be imposed, is deportable. (ii) Multiple criminal convictions Any WHO alien at any time after admission is Convicted of two or more crimes Involving moral turpitude, not Arising out of a single scheme of criminal misconduct, Regardless of Whether confined therefor and Regardless of Whether the convictions Were in a single trial, is deportable. " )

17 101 See INA, 8 USC 1101 - Definitions [for purposes of criminal immigration law].

18 See Nunez v. Holder, (2010) 594 F.3d 1124, 1124 ("Once again we face the question of what is moral turpitude [for purposes of criminal immigration law and deportability]: a nebulous question That we are required to answer on the basis of judicially established categories of criminal conduct. ")

19 In re Craig, (1938) 12 Cal.2d 93, 97. ("Moral turpitude [a key concept in criminal immigration law and deportability] Has Been Authorities defined by many as an act of baseness, vileness or depravity in the private and Which social duties a man owes to His fellowmen, or to society in general Contrary to the accepted and customary rule of right and duty Between man and man. ")

20 People v. Miles, (1985) 172 Cal.App.3d 474, 482.

21 People v. Cavazos, (1985) 172 Cal.App.3d 589, 595.

22 People v. Castro (1986) 186 Cal.App.3d 1211.

23 People v. Gabriel, (2012) 206 Cal.App.4th 450, 459.

24 People v. Parrish (1985) 170 Cal.App.3d 336, 349.

25 People v. Boyd (1985) 167 Cal.App.3d 36, 45.

26 People v. Rodriguez (1986) 177 Cal.App.3d 174, 178.

27 People v. Zataray (1985), 173 Cal.App.3d 390, 400.

28 People v. Johnson, (1991) 233 Cal.App.3d 425, 459.

29 People v. Castro (1985), 38 Cal.3d 301, 317.

30 People v. Mazza, (1985) 175 Cal.App.3d 836, 844.

31 People v. Rodriguez (1986) 177 Cal.App.3d 174, 179.

32 People v. Forster (1994) 29 Cal.App.4th 1746, 1756. ("In any event, the key issue for us is Whether felony driving under the influence With three or more driving under the influence convictions Within seven years of the instant offense ( § 23175) is a crime Involving moral turpitude [and THUS Potentially a deportable crime] under the prescription of People v. Castro, supra, 38 Cal.3d 301. For the Reasons That follow, we close up commercial it is. ")

33 People v. Cavazos, endnote 21, above.

34 People v. Sanders (1992) 10 Cal.App.4th 1268, 1274.

35 Nunez v. Holder, (9th Cir. 2010) 594 F.3d 1124.

36 People v. Solis, (1985) 172 Cal.App.3d 877, 883.

37 See INA 237 (a) (2) (A) [deportable crimes], endnote 16, above.

38 Vehicle Code 10851 VC - Joyriding / grand theft auto [a Potentially deportable crime of moral turpitude]. ("(A) Any person WHO Takes a vehicle drives or not his or her own, without the consent of the owner thereof, and With Intent Either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle , Whether With or without intent to steal the vehicle, or any person Who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, be punished by Shall imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Criminal the Code or by a fine of not more than five thousand dollars ($ 5,000), or by Both the fine and imprisonment. ")

39 See INA 237 (a) (2) (A) (iii) [deportable crimes]. ("(Iii) Any alien Aggravated felony Who is Convicted of an aggravated felony at any time after admission is deportable.")

40 101 INA, 8 USC 1101 (a) (43) - Definitions ("(43) The term" aggravated felony "[a deportable crime] means-- (A) murder, rape, [for purposes of criminal immigration law.] or sexual abuse of a minor; (B) illicit trafficking in a controlled substance (as defined in section 802 of Title 21), Including a drug trafficking crime (as defined in section 924 (c) of Title 18); (C) illicit trafficking in firearms or destructive devices (as defined in section 921 of Title 18) or in explosive materials (as defined in section 841 (c) of That title), (D) an offense Described in section 1956 of Title 18 (Relating to laundering of monetary instruments) or section 1957 of That title (Relating to Engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $ 10,000; (E) an offense Described in-- (i) section 842 (h ) or (i) of Title 18, section 844 or (d), (e), (f), (g), (h) or (i) of That title (Relating to Offenses explosive materials); (ii) section 922 (g) (1), (2), (3), (4) or (5), (j), (n), (o), (p) or (r) or 924 (b ) or (h) of Title 18 (Offenses Relating to firearms); or (iii) section 5861 of Title 26 (Offenses Relating to firearms); (F) a crime of violence (as defined in section 16 of Title 18, but not Including a purely political offense) for Which the term of imprisonment at [FN3] Least one year; (G) a theft offense (including receipt of stolen property) or burglary offense for Which the term of imprisonment at [FN3] Least one year; (H) an offense Described in section 875, 876, 877, or 1202 of Title 18 (Relating to the demand for or receipt of ransom); (I) an offense Described in section 2251, 2251A, or 2252 of Title 18 (Relating to child pornography); (J) an offense Described in section 1962 of Title 18 (Relating to Racketeer Influenced Corrupt Organizations), or an offense Described in section 1084 (if it is a second or subsequent offense) or 1955 of That title (Offenses Relating to gambling) Which for a sentence of one year imprisonment or more May be imposed; (K) an offense that-- (i) Relates to the owning, controlling, managing, or supervising of a prostitution business; (Ii) is Described in section 2421, 2422, or 2423 of Title 18 (Relating to transportation for the purpose of prostitution) if Committed for commercial advantage; or (iii) is Described in any of sections 1581 to 1585 or 1588 to 1591 of Title 18 (Relating to peonage, slavery, involuntary servitude, and trafficking in persons); (L) an offense Described in-- (i) section 793 (Relating to gathering or transmitting national defense information), 798 (Relating to disclosure of classified information), 2153 (Relating to sabotage) or 2381 or 2382 (Relating to treason) of Title 18; (Ii) section 421 of Title 50 (Relating to Protecting the identity of undercover intelligence agents); or (iii) section 421 of Title 50 (Relating to Protecting the identity of undercover agents); (M) an offense that-- (i) Involves fraud or deceit in Which the loss to the victim or victims Exceeds $ 10,000; or (ii) is Described in section 7201 of Title 26 (Relating to tax evasion) in Which the revenue loss to the Government Exceeds $ 10,000; (N) an offense Described in paragraph (1) (A) or (2) of section 1324 (a) of this title (Relating to alien smuggling), except in the case of a first offense for Which the alien has affirmatively shown That the alien Committed the offense for the purpose of assisting, abetting, aiding or only the alien's spouse, child, or parent (and not individual other) to violate a provision of esta chapter [FN4]; (O) an offense Described in section 1325 (a) or 1326 of this title Committed by an alien Who Was Previously Deported on the basis of a conviction for an offense Described in another subparagraph of esta paragraph; (P) an offense (i) Either Which is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of Title 18 or is Described in section 1546 (a) of Such title (Relating to document fraud) and (ii) for Which the term of imprisonment is at Least 12 months, except in the case of a first offense for Which the alien has affirmatively shown That the alien Committed the offense for the purpose of assisting, abetting, aiding or only the alien's spouse, child, or parent (and not individual other) to violate a provision of esta chapter; (Q) an offense Relating to a failure to Appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more; (R) an offense Relating to commercial bribery, counterfeiting, forgery, trafficking in vehicles or the identification numbers of Which Have Been Altered For Which is the term of imprisonment At least one year; (S) an offense Relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for Which the term of imprisonment is At least one year; (T) an offense Relating to a failure to Appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for Which a sentence of 2 years' imprisonment or more May be imposed; and (U) an Attempt or conspiracy to commit an offense Described In This paragraph. The term Applies to an offense Described In This paragraph Whether in violation of Federal or State law and Applies to Such an offense in violation of the law of a foreign country for Which the term of imprisonment was completed Within the previous 15 years. Notwithstanding any other provision of law (including any effective date), the term Applies Regardless of Whether the conviction was Entered before, on, or after September 30, 1996. ")

41 See same.

42 See same. See also People v. Johnson, endnote 28, above, and People v. Mazza, endnote 30, above.

43 Santa Ana criminal and immigration attorney John Murray Represents Both citizen and non-citizen clients in matters ranging from DUI to homicide, in courthouses across Los Angeles and Orange counties.

44 See INA 237 (a) (2) (B) [deportable crimes]. ("(B) Controlled substances (i) Any alien WHO Conviction at any time after admission Has Been Convicted of a violation of (or a conspiracy or Attempt to violate) any law or regulation of a State, the United States, or to foreign country Relating to a controlled substance (as defined in section 802 of Title 21), other than a single offense Involving possession for one's own use of 30 grams or less of marijuana, is deportable. ")

45 See same.

46 See same.

47 See Phillip Smith, Drug Offenses 1/3 of US Criminal deportations , at Stopthedrugwar.org, Aug. 30, 2010.

48 See same.

49 INA 237 (a) (2) (C) [deportable crimes]. ("(C) Certain Offenses Any alien WHO firearm at any time after admission is Convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, Possessing, or carrying, or of attempting or conspiring to purchase, sell , offer for sale, exchange, use, own, POSSESS, or carry, any weapon, part, or accessory Which is a firearm or destructive device (as defined in section 921 (a) of Title 18) in violation of any law is deportable . ")

50 See same.

51 See People v. Cavazos, endnote 21, above.

52 INA 237 (a) (2) (E) [deportable crimes]. ("(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and (i) Domestic violence, stalking, child abuse and WHO Any alien at any time after admission is Convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, abandonment or child is deportable. For purposes of esta clause, the term "crime of domestic violence" Means any crime of violence (as defined in section 16 of Title 18) They committed by a person against a current or former spouse of the person, by an Individual with Whom the person shares a child in common, by an Individual Who is cohabiting or has cohabited With With the person as a spouse, by an Individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction Where the offense OCCURS, or by any other single against A person who is protected from That single's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government. (Ii) Violators of protection orders Any alien WHO at any time after admission is enjoined under a protection order issued by a court and Whom the court has engaged in conduct Determines That violates the portion of a protection order against credible protection That Involves Threats of violence , Repeated harassment, or bodily injury to the person or persons For Whom the protection order was issued is deportable. For purposes of esta clause, the term "protection order" Means any injunction issued for the purpose of preventative violent or threatening acts of domestic violence, Including temporary end or orders issued by criminal or civil courts (other than child support or custody orders or Provisions ) Whether independent Obtained by filing an action or as a pendente lite order in another proceeding. ")

53 See same.

54 See same.

55 INA 237 (a) (2) (B) (ii) [deportable crimes]. ("(Ii) Drug abusers and addicts Any alien Who is, or at any time after admission has-been, a drug abuser or addict is deportable.")

56 See same.

57 Penal Code 1016.5 PC - Advisement Concerning alien status as [Immigration Consequences of California criminal convictions, Including deportability]. ("(A) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except Offenses designated as infractions under state law, the court Shall administer the following advisement on the record to the defendant: If you are not a citizen, you are hereby advised That conviction of the offense for Which You Have Been charged May Have The Consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. (b) Upon request, the court Shall allow the defendant additional time to Consider the appropriateness of the plea in light of the advisement as described In this section. If, after January 1, 1978, the court fails to advise the defendant as required by esta section and the defendant shows That conviction of the offense to Which defendant pleaded guilty or nolo contendere May Have The Consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant's motion, Shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record That the court provided the advisement required by esta section, the defendant Shall be presumed to Have not received the required advisement. ")

58 See People v. Lucas (1995) 12 Cal.4th 415, 436. ("A criminal defendant [Including a non-citizen] is guaranteed the right to the assistance of counsel by Both the state and federal Constitutions.")

59 8 USC 1229b. ("(A) Certain Cancellation of removal for permanent residents [Means of fighting one deportability]. The Attorney General May cancel removal in the case of an alien is inadmissible or deportable WHO from the United States if the alien- (1) has-been an lawfully alien ADMITTED for permanent residence for not less than 5 years, (2) have resided in the United States Continuously for 7 years after having Been ADMITTED in any status, and (3) you have not Been Convicted of any aggravated felony. ")

60 See same.

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