H&S C 11352(a)

H&S C 11352(a)

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 the non-federal substance defense.

Advice and Comments

If you must plead to 11352, prevent an AF for immigration proceedings in the Ninth Cir by pleading to “offer to” distribute (or offer to sell). If the ROC identifies a federally defined substance, the plea will be a drug conviction for immigration purposes, but not a drug AF, in proceedings held within the Ninth Cir only.

The “non-federal controlled substance” defenses apply here. See Advice at 11350, and a more comprehensive discussion and instructions at 11377. Whenever possible, however, 11377-79 is a better vehicle for this defense than 11350-11352.

2020-05-19T16:29:51+00:00Updated January 29th, 2020|