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.