Offense
Evading police officer causing death or serious bodily injury
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. Avoid attempt, which may change analysis
Crime Involving Moral Turpitude (CIMT)
Yes, CIMT 1See Lemus-Escobar v. Bondi (9th Cir. 2025) 158 F.4th 944 (”For a more egregious actus reus, a lesser mens rea suffices; and for a more intentional mens rea, a lesser actus reus suffices. But there are minimum requirements for both aspects: in general, a recklessness mens rea and some reprehensible conduct are required.”) (citations omitted); Leal v. Holder (9th Cir. 2014) (”Although the crime [of AZ endangerment] requires only reckless conduct, the level of harm resulting from the conduct is grave: a substantial, actual risk of imminent death to another person,” and thus is 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 245.
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.
LRA Mandatory Detention: If D was not admitted to the U.S., any conviction or pending charge for this offense might trigger mandatory detention without bond under LRA. Try VC 2800.2 or 191.5. See [Overview: Mandatory Detention].(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.)
SB54: Law enforcement is permitted to notify/transfer to ICE indefinitely for the felony, but not for misdemeanor 2800.3(a).