What California criminal convictions lead to deportation?

Posted on November 11, 2023

Certain criminal convictions in California can lead to deportation if you are not a United States citizen. It often does not matter how long you have been in the country. Known as “deportable offenses,” these are:

1. crimes of moral turpitude,
2. aggravated felonies,
3. drug offenses,
4. firearms offenses, and
5. crimes of domestic violence.

1. Crimes of moral turpitude

Serious convictions for a crime involving moral turpitude (CIMT) are deportable under the Immigration and Nationality Act, or INA, a major federal law concerning U.S. immigration.[1]

California and federal courts have interpreted “moral turpitude” to mean vileness in the private and social duties owed to others or to society in general.[2] California courts have found the following offenses to be crimes of moral turpitude under California law:

• murder (California Penal Code 187 PC),[3]
• rape (Penal Code 261 PC),^[4]
• arson (California Penal Code 451 PC),[5]
• kidnapping (Penal Code 207 PC),^[6]
• assault with a deadly weapon (Penal Code 245(a)(1) PC),[7]
• burglary (Penal Code 459 PC),[8]
• grand theft (Penal Code 487 PC),^[9]
• grand theft auto (Penal Code 487(a)(1) PC),^[10]
• forgery (Penal Code 470 PC),^[11]
• perjury (Penal Code 118 PC),[12]
• possession of controlled substances with intent to sell (Health and Safety Code 11351 HS),^[13]
• cultivating marijuana (Health and Safety Code 11358 HS),[14]
• receiving stolen property (Penal Code 496(d) PC),[15] and
• numerous felony convictions for driving under the influence (DUI).[16]

However, only serious convictions for these offenses can lead to deportation if you are not a U.S. citizen. A conviction can make you deportable if either:

• the prison sentence could be 1 year or longer and you have been in the U.S. for under 5 years, or
• you are convicted of 2 or more CIMTs that did not arise from a single criminal scheme.[17]

2. Aggravated felonies

A conviction for an aggravated felony can also lead to deportation. The INA’s definition of aggravated felonies includes offenses like:

• murder,
• rape,
• sexual abuse of a minor,
• child pornography,
• drug trafficking,
• firearms trafficking,
• money laundering,
• fraud crimes involving at least $10,000,
• theft crimes that carry over a year in prison, and
• offenses related to running a prostitution business.[18]

Note that not all of these criminal law violations are violent crimes. They can still lead to removal proceedings.

3. Drug crimes

Nearly all drug crimes are deportable offenses under the INA and federal immigration law. This includes offenses of the following nature:

• drug manufacturing,
• drug trafficking or transportation,
• possession of drugs with the intent to sell them, and
• drug possession for personal use.[19]

Note that these criminal charges can be misdemeanors and will still trigger immigration consequences.

You can even be deported for merely being addicted to drugs, even if you are not convicted of a crime.[20]

The only exception is for simple possession of marijuana when the amount is 30 grams or less.^[21]

4. Firearms offenses

A conviction for a firearm or a destructive device makes you deportable. This includes illegally doing any of the following with one:

• purchasing, selling, or exchanging the weapon,
• possessing it, or
• using it.[22]

This covers using a firearm while committing a crime of violence.

5. Crimes of domestic violence

Finally, a conviction for a crime of domestic violence makes you deportable. This includes convictions for violating the following California laws:

• domestic battery (Penal Code 243(e)(1) PC),
• child abuse (Penal Code 273(d) PC),
• child neglect (Penal Code 270 PC),
• stalking (Penal Code 646.9 PC), and
• violating a protective order (Penal Code 273.6 PC).[23]

Who is subject to deportation after a criminal conviction in California?

Non-U.S. citizens are subject to deportation after a conviction for a deportable offense. This includes any type of immigration status, such as:

• lawful permanent residents, also known as green card holders,
• holders of any type of visa, like a work or student visa, and
• refugees who have already been granted asylum.[24]

Importantly, your connection to the U.S. does not matter. You can be deported after the conviction even if you:

• have a child who is a U.S. citizen,
• have lived in the U.S. for decades, or
• have established a steady life in the U.S., such as by owning a home or business or starting a family.[25]

Convictions for some serious crimes also make you inadmissible to return to the U.S.

Non-citizens suspected of a deportable crime should strongly consider establishing an attorney-client relationship with a criminal defense attorney and potentially an immigration attorney from a reputable law firm, as well.

Defending against these criminal offenses may require a different strategy. A guilty plea or a plea bargain may reduce the penalties while also leading to deportation proceedings in immigration court. Your defense lawyer’s legal advice should keep this possibility in mind.

Legal References:

[1] Immigration and Nationality Act (INA) 237(a)(2)(A)(i).

[2] In re Craig, 12 Cal.2d 93, 97 (1938).

[3] People v. Johnson, 233 Cal.App.3d 425 (1991).

[4] People v. Mazza, 175 Cal.App.3d 836 (1985).

[5] People v. Miles, 172 Cal.App.3d 474 (1985).

[6] People v. Zataray, 173 Cal.App.3d 390 (1985).

[7] People v. Cavazos, 172 Cal.App.3d 589 (1985).

[8] People v. Castro, 186 Cal.App.3d 1211 (1986).

[9] People v. Boyd, 167 Cal.App.3d 36 (1985).

[10] People v. Rodriguez, 177 Cal.App.3d 174 (1986).

[11] People v. Parrish, 170 Cal.App.3d 336 (1985).

[12] People v. Rollo, 20 Cal.3d 109 (1977).

[13] People v. Castro, 38 Cal.3d 301 (1985).

[14] People v. Gabriel, 206 Cal.App.4th 450 (2012).

[15] People v. Rodriguez, supra note 10.

[16] People v. Forster, 29 Cal.App.4th 1746 (1994).

[17] INA 237(a)(2)(A).

[18] INA 101(a)(43).

[19] INA 237(a)(2)(B).

[20] INA 237(a)(2)(B)(ii).

[21] INA 237(a)(2)(B).

[22] INA 237(a)(2)(C).

[23] INA 237(a)(2)(E).

[24] INA 101.

[25] Encis-Cardozo v. INS, 504 F.2d 1252 (2d Cir. 1974).