Offense
Possess CS for sale
Aggravated Felony (AF)
AF unless a non-federal substance defense applies. For immigration purposes, even a plea to offering to sell at 11352 is far better.
See Advice and see 11378
Crime Involving Moral Turpitude (CIMT)
CIMT, like any trafficking offense.
Other Removal Grounds
Deportable and inadmissible CS offense unless a non-federal substance defense applies. See Advice.
Also inadmissible because gov’t has “reason to believe” trafficking.
See further discussion at 11378.
Advice and Comments
See further discussion at 11378 and see ILRC, How to Defend Immigrants Charged with a Drug Offense (2023).
Avoid an AF: Do not plead to 11351. Instead, try any of the defenses listed at Advice for 11350, above which are further discussed at Advice for 11377, below.
If no other defense is possible, plead up to 11352, offering to distribute. This is a deportable and inadmissible CS offense, but at least it is not an AF in immigration proceedings held within the Ninth Circuit only. In fact, recommending a plea to 11351 without advising about the advantage of pleading up to “offering” under 11352 has been held ineffective assistance of counsel.1See People v. Bautista, (2004) 115 Cal.App.4th 229; see also In re Bautista, H026395 (Ct. App. 6th Dist. September 22, 2005) (where defendant was a noncitizen, failure to advise and consider pleading up from § 11359 to § 11360 was ineffective assistance of counsel). Based on this, consider post-conviction relief to eliminate any prior 11351 conviction.