California Crimes That Make You Inadmissible the U.S.
(for Undocumented/Illegal Aliens)

Certain Convictions for crimes in California can make a non-US citizen " inadmissible "to the United States. 1

If you are " inadmissible , "That Means you can not be" ADMITTED "to the United States-in other words, you will not be allowed to re-enter the country after you've left it, even if you are a legal immigrant. 2

And It Also Means That You are ineligible to receive any kind of benefit from the US Immigration Authorities-for example, an adjustment to legal immigrant status if you are here illegally. 3

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The best criminal-conviction-based grounds for inadmissibility are:

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

  2. California controlled substances (drug) Offenses, and

  3. With multiple criminal convictions sentences totaling five (5) years or more. 4

In Addition, You May Be Deemed inadmissible for Engaging in Certain kinds of conduct-even if you are never whos Convicted of a crime in connection With It. The main grounds for conduct-based inadmissibility are:

  1. Prostitution -related activity, and

  2. Drug trafficking. 5

Example : Rita crosses the border illegally from Mexico with her ​​parents When she is 7 years old. Rita learns Inglés Quickly and excels in school. After Rita graduates from high school, she works full-time as a receptionist during the day and attends college at night, studying for a nursing degree.

But Rita likes to smoke marijuana with her ​​friends occasionally. One night she and several friends are arrested outside the club, and Rita is charged With possession of marijuana . Rita's friends-all of Whom are US Citizens-plead guilty to That minor offense and avoid jail time, and Rita decide to do the same.

That Rita later Finds out her guilty plea to a California drug crime - even one as insignificant as marijuana possession - Makes her "inadmissible." 6 This Means That, if she wants to apply for adjustment of status and Become a legal immigrant, she will not Be able to do so. 7

As This example shows, it is Often Important for immigrants-both legal and illegal-to fight criminal charges Certain aggressively-and, usually, to avoid a guilty or "no contest" plea, even in cases Where Such a plea would make sense for a United States citizen.

The intersection of criminal law and immigration law is an extremely complicated topic. This is why all non-citizens facing criminal charges Should be Represented by a California criminal defense and immigration attorney WHO Understands Both areas.

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

1. What Does it Mean to be "Inadmissible"?

2. Inadmissible Crimes: Crimes of moral turpitude

21. Definition of "crime of moral turpitude"

2.2. Crimes of moral turpitude and inadmissibility

3. Inadmissible Crimes: California Drug Crimes

4. Inadmissible Crimes: Multiple Convictions

5. "Conduct-Based" inadmissibility

5.1. Prostitution

5.2. Drug trafficking

5.3. Drug addiction

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

1. What Does it Mean to be "Inadmissible"?

The federal Immigration and Nationality Act (usually Referred to as the "INA"), section 212, sets out Reasons Why Certain aliens-that is, non-citizens-would be "inadmissible" to the US in August

In a nutshell, being "inadmissible" Means That You are not eligible to receive any benefits That would be Granted by the US Authorities immigration. 9 Here are some of the things you will not be Able to do if you are inadmissible:

  1. re-enter the country after leaving (even if you hold a valid visa to live in the US or are a "lawful permanent resident," aka a green-card holder)

  2. Become a US citizen,

  3. apply for permanent residence (a green card), and

  4. apply for an "adjustment of status" - That is, a change from illegal to legal immigration status. 10

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Means Being inadmissible May you not be Able to Obtain a "green card."

The good news Is that a conviction for an inadmissible crime will probably not lead to You Being removed from the country-that is, Deported-against your will. 11 Generally speaking, you Have to Worry About deportation only if either of the following is true :

  1. You are Convicted of a deportable crime (note That Some Of These overlap With inadmissible crimes), 12 OR

  2. You Entered the country or received an immigration benefit while you were inadmissible (and the Authorities just did not catch it at the time). 13

2. Inadmissible Crimes: Crimes of moral turpitude

The first major category of crime inadmissible Consists of so-called "crimes of moral turpitude" (Also known as "crimes Involving moral turpitude" or "CIMTs"). 14

Definition of "crime of moral turpitude"

Crimes of moral turpitude are an unusually complicated area of immigration law. This is Because the INA does not define what a "crime of moral turpitude" is. 15 Instead, California and  federal courts Have had to come up With Their own definition. 16

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. 17

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

  • Arson, 18

  • Assault with a deadly weapon, 19

  • Burglary, 20

  • Cultivation of marijuana, 21

  • Forgery, 22

  • Grand theft 23 and grand theft auto, 24

  • Kidnapping, 25

  • Murder, 26

  • Possession for sale of controlled substances, 27

  • Rape, 28

  • Receiving stolen property, 29 and

  • Repeated felony convictions for driving under the influence (DUI). 30

(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), 31

  • Child endangerment, 32

  • Indecent exposure, 33 and

  • Involuntary manslaughter. 34

2.2. Crimes of moral turpitude and inadmissibility

You can be inadmissible if you Deemed Either

  • are Convicted of, or

  • admit all the elements of,

a crime of moral turpitude. 35

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Example : Norma was born in Guatemala but has-been a lawful permanent resident of the US (that is, a green card holder) for ten years. She is Convicted of the crime of forgery California - a crime of moral turpitude - and Sentenced to 1 year in jail. This Makes her inadmissible.

Already standard has a green card, and she can not be Deported for a single conviction of a crime of moral turpitude. 36 However, Because she is now inadmissible, she May not be Able to Become a US citizen. Also, if she travels back to Guatemala to see her family, she May not be allowed to re-enter the US

BUT there are two major exceptions to the rule That a conviction for a crime of moral turpitude Makes an inadmissible alien.

The first is Known as the "petty offense exception." If

  • Your conviction is for only one crime,

  • The maximum penalty does not Exceed one (1) year, AND

  • You are Sentenced to a jail term of six (6) months or less,

Then a conviction of (or admission to) a crime of moral turpitude will not make you inadmissible. 37

Example : Let's return to standard from our previous example. She says she is in fact Convicted of forgery ... but it is California  misdemeanor forgery, Which Carries a maximum sentence of one year 38 , and she is only whos Sentenced to six months in county jail.

In This case, thanks to the "petty offense" exception, Norma will not be inadmissible.

According To Long Beach criminal and immigration attorney Neil Shouse  39 :

"The" petty offense "exception is just one good reason why it's Important to hire a criminal defense lawyer WHO Understands the intersection of criminal and immigration law. If you are charged with a crime of moral turpitude, your attorney can help you try to arrange for a charge with a maximum penalty of less than one year-and an actual sentence of less than six months-so That the conviction will not make you inadmissible. "

The other exception to the rule applies to immigrants WHO commit a crime of moral turpitude while They are minors. If

  1. Involving the moral turpitude crime you were Committed When you were under eighteen (18) years of age, AND

  2. Committed the crime was (and any criminal sentence for the crime was completed) more than five (5) years before the date of your application for a green card, visa, admission to the US, etc.,

Then the conviction will not count against you and will not make you inadmissible. 40

Example : Trisha and her parents are undocumented immigrants from Trinidad & Tobago. Trisha has lived here since she was 3 years old.

When she is 17, Trisha is Convicted of grand theft auto under Vehicle Code 10851 (joyriding) for an unsuccessful Attempt to steal a car. 41 She Serves a sentence of 1 year in county jail and is released When she is 18.

When she is 25, Trisha decide to apply for an adjustment of status to Become a legal immigrant. Even though she has a conviction for a crime of moral turpitude, she May Still Be Able to Achieve this ... Because the crime occurred before she was 18, and she was released from jail more than 5 years ago.

3. Inadmissible Crimes: California Drug Crimes

You can be rendered inadmissible if you Either

  • are Convicted of, or

  • admit to all the elements of

any federal or state drug crime. 42

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This includes Both serious and not-so-serious drug crimes. You May be inadmissible if you are Convicted of (or just admit to all the elements of) That crimes include:

  • Drug manufacturing,

  • Drug transport / sale,

  • Possession of drugs for sale, and

  • Simple possession. 43

Example : Chan is a refugee from Laos. I Becomes Involved with a gang Lao That Engages in drug trafficking .

Chan has a fairly low-level position in the gang. I is arrested, and I AGREES to testify against the higher-ups in the gang in exchange for the Prosecutors not charging him with a crime. But as part of His testimony, Chan ends up admitting to all the elements of the crime of drug possession for sale .

Even though I have not Been Convicted of a crime, Chan is now inadmissible ... because I've ADMITTED to all the elements of a drug crime.

This is a harsh law-particularly since there is no "petty offense" exception, or exception for drug crimes Committed When the immigrant was a minor, like there are for crimes of moral turpitude. 44 Because drug use is so common in the world today , This law imposes harsh on immigration Consequences Otherwise law-abiding immigrants have a lot to WHO Contribute to US society.

4. Inadmissible Crimes: Multiple Convictions

Finally, You may also be Declared inadmissible if:

  1. You are Convicted of two (2) or more crimes, and

  2. The full sentences you receive for all the crimes you are Convicted Of which add up to five (5) years or more. 46

It does not matter what kind of crimes These are ... They Arose Whether or even out of a single scheme or act. 47

Example : Klaus, a green card holder from Germany, is arrested in connection with a complicated scheme to embezzle funds from His employer. I is Convicted of Both one count of forgery and one count of grand theft , With Both charged as felonies. I Receives a full sentence of six (6) years in prison. 48

Klaus is inadmissible Because now I have multiple criminal convictions-even though They grew out of the same criminal scheme. (He Would Have Also Been inadmissible on the grounds That Both forgery and grand theft are crimes of moral turpitude.) 49

5. "Conduct-Based" inadmissibility

Also there are Certain kinds of conduct That can render you inadmissible-even if you are never Convicted of a crime, and even if your conduct was not criminal at all! These are:

5.1. Prostitution

You can be inadmissible if you Deemed Either

  1. Came to the US to engage in prostitution,

  2. Engaged in prostitution Within 10 years of your application for admission, adjustment of status, or a visa, OR

  3. Attempted procured or to seek other people to engage in prostitution. 50

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Again, you do not need to whos Have Been Convicted of crimes related to prostitution to be inadmissible on This basis. 51

Example : Anna is from Bulgaria. She Enters the US with the help of a friend named Yuri. Then Yuri Demands That She engage in prostitution in order to pay back the money she owes him for bringing her here. Anna works as a prostitute for several months. She is never arrested for prostitution.

A couple of years later, Anna meets Ralph, an American citizen, And They get married. Anna wants to apply for a green card Now That she is married to an American. But she May not be Able to do so if the government somehow out Finds That She engaged in prostitution When she first arrived.

5.2. Drug trafficking

If the immigration Authorities know or "reasonably believe" that you Have Ever Been Involved in drug trafficking-even if You Have not Been Convicted of trafficking formally-then you will be inadmissible. 52

Example : Let's return to the example of Chan, from Section 3 above. Cooperates with Chan Prosecutors and testifies about details of the drug trafficking operation I was Involved With in exchange for immunity from prosecution.

Let's say Chan's testimony That Suggests That I have played a role in the trafficking operation. This leads the Department of Homeland Security to "reasonably believe" that I was Involved in drug trafficking and declare him inadmissible.

What's more, inadmissibility on This extends beyond the WHO person whos engaged in drug trafficking basis. You can be inadmissible if:

  1. You are the spouse or child of an alien is inadmissible WHO Because s / he has engaged in drug trafficking;

  2. You have received money or other benefits from That person's drug trafficking activities Within the previous (5) years; AND

  3. You Knew or reasonably should have known That the money or other benefits came from drug trafficking proceeds.

5.3. Drug addiction

Finally, you will be inadmissible if the immigration Authorities determined that you 'are a drug addict or abuser. 53

Call Us for Help ...

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If you or loved one is charged With an inadmissible crime and are an immigrant 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 Nevada crimes That are inadmissible, Please visit our page on Nevada crimes That are make a person inadmissible to the United States .

Legal References:

1 Immigration and Nationality Act ("INA") 212, 8 USC 1182 - (a) Classes of aliens ineligible for visas or admission [inadmissible crimes]. ("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. ")

2 See CEB California Criminal Law Practice & Procedure § 52.18: Grounds of inadmissibility [inadmissible 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 ").

3 See same.

4 See INA 212, endnote 1 above [inadmissible crimes].

5 See same.

6 See same.

7 245 INA, 8 USC 1255 - Adjustment of status of nonimmigrant to That of person ADMITTED for permanent residence [Can Be Affected by conviction of an inadmissible crime]. ("(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. ")

8 See INA 212, endnote 1 above [inadmissible crimes].

9 See CEB California Criminal Law Practice & Procedure § 52.18: Grounds of inadmissibility [inadmissible crimes], endnote 2 above.

10 245 INA, 8 USC 1255 - Adjustment of status of nonimmigrant to That of person ADMITTED for permanent residence [Can Be Affected by conviction of an inadmissible crime], endnote 7 above.

11 See CEB California Criminal Law Practice & Procedure § 52.18: Grounds of inadmissibility [inadmissible crimes], endnote 2 above.

12 237 INA, 8 USC 1227 - Deportable aliens [list of deportable crimes; With contrast inadmissible crimes]. ("(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. ")

13 INA 237 (a) (1) (A) [deportable crimes]. ("(1) Inadmissible at time of entry or of adjustment of status or violates status (A) Any alien WHO Inadmissible aliens at the time of entry or adjustment of status was Within one or more of the classes of inadmissible aliens by the law Existing Such hora at deportable. ")

14 See INA 212, endnote 1 above [inadmissible crimes].

15 101 See INA, 8 USC 1101 - Definitions [for purposes of criminal immigration law].

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

17 In re Craig, (1938) 12 Cal.2d 93, 97. ("Moral turpitude [a key concept in immigration law and criminal inadmissibility] 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. ")

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

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

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

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

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

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

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

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

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

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

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

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

30 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 an inadmissible crime] under the prescription of People v. Castro, supra, 38 Cal.3d 301. For the Reasons That follow, we close up commercial it is. ")

31 People v. Cavazos, endnote 19, above.

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

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

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

35 INA 212 (a) (2) (A) (i) (I) [inadmissible crimes]. ("(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... ")

36 See INA 237 (a) (2) (A) [deportable crimes; contrast with list of inadmissible 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. ")

37 INA 212 (a) (2) (A) (ii) (II) [inadmissible crimes]. ("(Ii) Exception Clause (i) (I) Shall not apply to an alien WHO if-- Committed only one crime... (II) the maximum penalty possible for the crime Of which the alien was Convicted (or Which the alien admits having 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). ")

38 Penal Code 473 PC - Forgery [Potentially crime of moral turpitude inadmissible]; punishment. ("Forgery [as a misdemeanor] is punishable by imprisonment in a county jail for not more than one year, or [as a felony] by imprisonment pursuant to subdivision (h) of Section 1170.")

39 Long Beach criminal and immigration attorney Neil Shouse got his training in criminal law as Los Angeles County Deputy District Attorney . Having Conducted over 70 criminal jury trials, I Understands Both the criminal court process and the incredibly complicated-and important-immigration Consequences of how a non-citizen criminal defendant is Represented. Both Mr. Shouse dealer to citizen and non-citizen clients in matters ranging from DUI to homicide, in courthouses across Los Angeles and Orange counties.

40 INA 212 (a) (2) (A) (ii) (I) [inadmissible crimes]. ("(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,... ")

41 Vehicle Code 10851 VC - Joyriding / grand theft auto [an inadmissible 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. ")

42 INA 212 (a) (2) (A) (i) (II) [inadmissible crimes]. ("(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 of-- elements... (II) 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).... ")

43 See same.

44 See Nancy Morawetz, Rethinking Drug inadmissibility , 50 Wm. & Mary L. Rev. 163, 168 (2008).

45 See same, at 167 ("Because inadmissibility drug sweeps so broadly, it has the potential to exclude arbitrarily many worthy immigrants.")

46 INA 212 (a) (2) (B) [inadmissible crimes]. ("(B) Multiple criminal convictions. Any alien 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 Regardless of Whether Involved the Offenses moral turpitude, for Which the aggregate sentences to confinement Were 5 years or more is inadmissible. ")

47 See same.

48 See Penal Code 473 PC - Forgery [Potentially crime of moral turpitude inadmissible]; punishment, endnote 38 above.

See also Penal Code 489 PC - Grand theft; punishment. ("Grand theft is punishable as Follows:. (A) When the grand theft Involves the theft of a firearm, by imprisonment in the state prison for 16 months, two, or three years (b) In all other cases, by imprisonment in Exceeding not a county jail or one year pursuant to subdivision (h) of Section 1170. ")

49 See People v. Parrish (1985) 170 Cal.App.3d 336, 349; People v. Boyd (1985) 167 Cal.App.3d 36, 45.

50 INA 212 (a) (2) (D) [inadmissible crimes]. ("(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 , prostitutes or 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. ")

51 See same [no mention of a criminal conviction for immigration Consequences Being required].

52 INA 212 (a) (2) (C) [inadmissible crimes]. ("(C) Controlled substance traffickers. Any alien 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 Knew or reasonably should have known That the financial or other benefit Such was the product of illicit activity, is inadmissible. ")

53 INA 212 (a) (1) (A) (iv) [inadmissible crimes]. ("Any alien... (Iv) who is determined to (In Accordance With regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.")

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