B&P C 25658(a)

B&P C 25658(a)

Offense

Selling, giving liquor to a person under age 21

Aggravated Felony (AF)

Not AF.

Crime Involving Moral Turpitude (CIMT)

Not CIMT because regulatory offense.1This is a regulatory offense, and many state laws include exceptions permitting persons under age 21 to buy or use alcohol, for example with parents’ permission or at a college event. “Violations of liquor laws do not involve moral turpitude, and we do not believe [convictions for selling liquor to a minor] would be deportable offenses.” Matter of P, 2 I&N Dec. 117, 120-21 (BIA 1944) (dictum). In Matter of V. T., 2 I&N Dec. 213, 216-17 (BIA 1944), the BIA, in viewing the California offense of contributing to the delinquency of a minor, listed various California convictions under that law which would not involve moral turpitude, including a conviction for selling or serving intoxicating liquor to a minor.

Other Removal Grounds

Cannot be deportable crime of child abuse because not “abuse” and V under 18 is not an element. See Advice.

Advice and Comments

Great alternative to providing CS to a minor, if obtainable.

Not child abuse, which applies to V’s under 18, not 21. Statute is not divisible as to age of V. But to prevent a mistaken charge, keep CS and V under 18 out of ROC.

2020-05-19T16:25:45+00:00Updated January 29th, 2020|