Possess drug paraphernalia
Aggravated Felony (AF)
(Sale of drug paraphernalia may be AF, however.)
Crime Involving Moral Turpitude (CIMT)
Other Removal Grounds
Deportable and inadmissible CS conviction. Consider B&P C 4140 instead.
A non-federal controlled substance defense may help, but a better plea for that defense is to H&S C 11377. See discussion at 11377.
Advice and Comments
1. Try hard to plead to a non-drug offense. Even the most minor drug offense can have catastrophic immigration effect. See Advice to 11377 and see § N.8 Controlled Substance. See also B&P C 4140, possession of syringe.
2. Take PC 1000 pretrial diversion if D can complete it.
3. Marijuana. While 11364 technically might not apply to cannabis, it sometimes has been used. For past convictions, a first conviction for possessing paraphernalia relating to marijuana would qualify for the advantages of first possession of 30 grams 1Matter of Martinez-Espinoza, 25 I&N Dec. 118 (BIA 2009). (although 11364 technically does not extend to mj.) See H&S C 11357(a) (current) for information on that, as well as on an argument that California cannabis is not a controlled substance for imm purposes.
4. Consider post-conviction relief for prior cases. This includes PC 1203.43 treatment for prior DEJ pleas; Lujan-Armendariz treatment for a minor conviction from before 7/15/11; PC 1473.7, and several other California vehicles. See 11377 and materials at www.ilrc.org/immigrant-post-conviction-relief