Offense
Obtain CS by fraud
Aggravated Felony (AF)
AF CS. Assume it is an AF, but see Advice
AF Forgery: Should not be AF as forgery unless false document is used and 1 yr imposed on a single count.
Crime Involving Moral Turpitude (CIMT)
Yes CIMT, except that (d), affixing a false label, might not be.
Other Removal Grounds
Assume a deportable and inadmissible CS offense but see Advice.
Advice and Comments
Health & Safety C 11173(a), (b), (c)
AF. May be AF as analogue to 21 USC 843(a)(3) (obtain CS by deceit), although imm counsel may identify defense arguments.
The “non-federal controlled substance” defenses may apply here. See Advice at 11350, and a more comprehensive discussion and instructions at 11377. If that is successful, the conviction is not an AF or CS offense.
A much better plea is B&P C 4324 (with less than 1 year sentence). If that is not possible, see PC 372.5, possession H&S 11377 plus other distinct offense such as 529(a)(3), 530.5(a), PC 32, or if necessary forgery, fraud.
SB54: Misdemeanor drug offense does not permit law enforcement to notify/transfer to ICE, but 1170(h) drug felony does for 15 years following conviction. See SB 54 advisory at www.ilrc.org/crimes-summaries.
Mandatory Detention: People not admitted to U.S. 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.