Offense
- Sell, give away, or transport for sale (1/1/14) or personal use (pre-1/1/14)
- Offer to do the above
Aggravated Felony (AF)
Divisible as AF. Pre-1/1/14 transport is never an AF. In Ninth Cir only, offering to commit an offense is not an AF. All other conduct is an AF.
See 11379
Crime Involving Moral Turpitude (CIMT)
CIMT, except for pre-1/1/14 transport.
See 11379
Other Removal Grounds
Deportable and inadmissible for CS conviction, and in some cases inadmissible for reason to believe trafficking. See Advice for alternatives.
Advice and Comments
See further discussion at advice for 11379 and for 11350.
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. If you must plead to 11352, a plea to “offering to” distribute (or offering to sell) will be a CS and a CIMT – but in immigration proceedings held within the Ninth Circuit only, it will not be an AF. 1See, e.g., U.S. v. Rivera-Sanchez, 247 F.3d 905, 909 (9th Cir. 2001) (en banc) and see US v. Martinez-Lopez, 864 F.3d 1034 (9th Cir 2017) (en banc), holding that §§ 11350-52, 11377, are divisible between the offense (an AF) and “offering to” commit the offense (not an AF).
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.