Offense
Petty theft
(misd or infraction)
See PC 484, above
Aggravated Felony (AF)
Not AF.
Crime Involving Moral Turpitude (CIMT)
New conviction is a CIMT.
Advocates can argue pre-Nov. 16, 2016 convictions are not CIMTs; see Advice
Assume infraction is a “conviction” for immigration purposes; see Advice
Other Removal Grounds
No other removal ground.
Advice and Comments
CIMT. While there is no precedent, removal defense advocates can argue that PC 490, 490.1 convictions from between approximately 1998 to Nov. 16, 2016 are not CIMTs. See endnote at PC 484, CIMT column.
Infraction: Assume that a California infraction is a “conviction” for immigration purposes. See Overview: Definition of Conviction.
LRA Mandatory Detention: If D was not “admitted” to the U.S., any conviction or pending charge of this offense will trigger mandatory detention under LRA. See discussion at PC 484. Best option to avoid LRA is to plead to an offense unrelated to these categories, e.g., trespass, PC 32, 594, etc.
If mandatory detention is not a concern and client’s priority is to avoid a CIMT, see PC 459, 496, VC 10851. Also see discussion at PC 484. (Note that people not admitted to U.S. also 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.)