Offense
Possess CS for sale
Aggravated Felony (AF)
AF unless a non-federal substance defense applies. For immigration purposes, even a plea to offering to sell at 11352 is far better.
See Advice and see 11378
Crime Involving Moral Turpitude (CIMT)
CIMT, like any trafficking offense.
Other Removal Grounds
Deportable and inadmissible CS offense unless a non-federal substance defense applies. See Advice.
Also inadmissible because gov’t has “reason to believe” trafficking.
See further discussion at 11378.
Advice and Comments
See further discussion at 11378.
Review CS defenses at Advice for 11377 before pleading to this offense. If nothing else, a plea to “an analog” of the CS may create a defense; see 11377, sec. B.4. Avoid an AF (and avoid malpractice): Do not plead to 11351. If no other sure defense is possible, plead up to 11352, offering to distribute. This is a deportable and inadmissible CS offense, but at least it is not an AF in immigration proceedings held within the Ninth Circuit only. In fact, recommending a plea to 11351 without advising about the advantage of pleading up to “offering” under 11352 has been held ineffective assistance of counsel. Based on this, consider post-conviction relief to eliminate any prior 11351 conviction.
SB54: An 1170(h) drug felony permits law enforcement to notify of release or transfer to ICE for 15 years. See SB 54 advisory at www.ilrc.org/crimes-summaries.
Mandatory Detention: People not admitted to U.S. are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.