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 11379 and see ILRC, How to Defend Immigrants Charged with Drug Offenses (2023). See advice for 11350.
Better alternatives are listed at Advice to 11350, above, and discussed further at Advice to 11377, below. Please review these before accepting a plea to 11352.
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).