Offense
Assault on a police officer, fireman, EMT, etc.
Aggravated Felony (AF)
Not AF; Not a COV because same as assault under 241(a). Also since 2015, max sentence is under a year
Crime Involving Moral Turpitude (CIMT)
Not CIMT. 1
See discussion of 241(a), simple assault, explaining that because California simple battery is not a CIMT, then simple assault, its lesser included offense, also is not. Regarding officers and other protected parties, in Matter of Sanudo, 23 I&N Dec. 958, 972 (BIA 2006), the BIA held that simple battery against a protected person such as a spouse is not a CIMT because it requires only a de minimis touching that causes no harm. The Board noted that some prior decisions held that battery against a protected person such as an officer is a CIMT, but it distinguished those because all cases involved aggravating factors such as injury.See 241(a).
Other Removal Grounds
No other removal grounds.
Advice and Comments
Avoid mandatory detention: While otherwise a good plea to avoid inadmissibility or deportability, 241(c) assault on a police officer could trigger mandatory detention under the Laken Riley Act if the person was not admitted on a visa or BCC or is not an LPR. Plead to a specific person other than police or law enforcement officer (e.g., EMT) to avoid mandatory detention. Alternatively, try 148(a) or 243(a). (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.)