Offense
Open, maintain, manage place where drugs are sold, distributed, used
Aggravated Felony (AF)
11366 is AF as an analogue to a federal statute.1Section 11366 was held to be analogous to the federal drug felony 21 USC § 1856, which also prohibits maintaining a place where drugs are used, sold, etc. See Salviejo-Fernandez v. Gonzales, 455 F.3d 1063 (9th Cir. 2006), but see the dissent by Judge Pregerson. Note that the case did not discuss whether § 11366 reaches substances that are not on federal drug schedules. Immigration advocates can investigate this defense.
Assume 11366.5 also is an AF but see Advice. 11379 is a far better plea to avoid an AF.
Crime Involving Moral Turpitude (CIMT)
Yes CIMT, except managing a place where drugs are used might not be.
Other Removal Grounds
Inadmissible and deportable CS.
See Advice and see 11377 regarding the unspecified controlled substance defense.
Advice and Comments
This is a bad plea. See H&S 11377, 11379 (“offering”), public nuisance offenses, e.g., PC 370, disposal of hazardous waste, instead.
Pleading to, e.g., a “meth analog” provides at least a possible defense in removal proceedings. See discussion at 11377.
SB54: Felony drug offense permits law enforcement to notify/transfer to ICE. Argue misdemeanor is not for “drugs” and does not permit cooperation, but if it does, cooperation is permitted for 5 years.
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.