Offense
With intent to defraud, uses another’s unlawfully obtained personal identifying information
Aggravated Felony (AF)
AF if loss to victim/s exceed $10,000.
Not AF by 1 yr imposed.
See Advice.
Crime Involving Moral Turpitude (CIMT)
Yes, CIMT because intent to defraud.
Other Removal Grounds
No other removal ground.
Advice and Comments
PC 530.5(c), (d)(1)
The discussion above of 530.5(a) as a potential AF based on a sentence of 1 yr or more applies to 530.5(c), (d). These offenses also are not theft, forgery, or counterfeiting.
If the loss to the victim/s exceeds $10k, plead to PC 487, 459. If that is not possible, see discussion at PC 470 for how to create an ROC here to avoid an aggravated felony.
SB54: This felony conviction permits law enforcement to notify/transfer to ICE for 15 years. This misdemeanor wobbler permits law enforcement cooperation for 5 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.