Offense
Possess cocaine base for sale
Aggravated Felony (AF)
Yes AF
Crime Involving Moral Turpitude (CIMT)
CIMT
Other Removal Grounds
Deportable, inadmissible for CS conviction and inadmissible because gov’t has “reason to believe trafficking. See 11379.
Advice and Comments
Very bad immigration plea. See discussion at 11351.
Review CS defenses at Advice for 11377 before pleading to this offense. If nothing else, a plea to “an analog” of the CS may create a defense; see 11377, sec. B.4.
SB54: An 1170(h) drug felony permits law enforcement to notify of release or transfer to ICE for 15 years. 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.