Business & Prof C 4060

Business & Prof C 4060

Offense

Possess a CS not properly prescribed

Aggravated Felony (AF)

No, unless perhaps it is flunitrazepam

Crime Involving Moral Turpitude (CIMT)

No

Other Removal Grounds

Assume that this is “divisible” as a controlled substance (CS) offense, like 11377. See discussion of ‘non-federal substance” defenses at 11377.

Advice and Comments

While criminal defense counsel must conservatively assume 4060 will be treated as a divisible statute, immigration advocates can investigate arguments that the specific substance is not an element of 4060, and thus 4060 is different from 11350, 11377 and is not a divisible statute. See discussion of Martinez-Lopez at 11377.

2020-05-19T15:46:07+00:00Updated January 19th, 2020|