Offense
Flight from peace officer while driving against traffic
Aggravated Felony (AF)
Seek 364 days or less in case it would be charged as an AF as obstruction of justice. See Advice.
Not an AF as COV because it includes recklessness.
Crime Involving Moral Turpitude (CIMT)
Yes CIMT1In finding that Veh C § 2800.4 is a CIMT, the Ninth Circuit noted, “Qualifying non-fraudulent crimes ‘almost always involve an intent to injure someone, an actual injury, or a protected class of victims.’ But the non-fraudulent category also includes some crimes that seriously endanger others, even if no actual injury occurs.” Giving Skidmore deference to an unpublished BIA opinion, the court held that “willfully driving in the wrong direction while willfully fleeing a pursuing police officer inherently creates a risk of harm to others that is substantial enough for the statute categorically to meet the definition of a crime involving moral turpitude.” Moran v. Barr, 960 F.3d 1158, 1160, 1161–62 (9th Cir. 2020). It distinguished § 2800.4 from the less serious offense § 2800.2, which can be committed by violating three traffic laws while in flight, and which has been held not to be a CIMT.
Other Removal Grounds
No other removal ground
Advice and Comments
AF as COV. Supreme Court affirmed that reckless conduct cannot amount to a COV. See discussion of Borden v. United States (2021) at PC 207.
AF as obstruction: Obstruction of justice is an AF, if a year or more is imposed. Counsel should assume conservatively that VC 2800.4 could meet the definition of obstruction. See discussion of the Supreme Court decision on obstruction, Pugin v. Garland, No. 22-23 (June 22, 2023), at Advice to PC 32, above, and at ILRC, Obstruction of Justice: Pugin and California Offenses (July 2023).
For information on how to structure a sentence to avoid a year for immigration purposes, see § N.4 Sentence.