H&S C 11366, 11366.5 (a)

H&S C 11366, 11366.5 (a)


Open, maintain, manage place where drugs are sold, distributed, used

Aggravated Felony (AF)

11366 is AF as a federal analogue.1Section 11366 was held an AF as a federal analogue to 21 USC § 1856 in Salviejo-Fernandez v. Gonzales, 455 F.3d 1063 (9th Cir. 2006), but see the dissent by Judge Pregerson. Note that the case did not discuss whether § 11366 reaches substances that are not on federal drug schedules. Immigration advocates can investigate this defense. See discussion of requirement of a federally defined controlled substance in Mellouli v. Lynch, 135 S. Ct. 1980 (2015).
Assume 11366.5 also is an AF but see Advice. 11379 is a far better plea to avoid an AF.

Crime Involving Moral Turpitude (CIMT)

Yes CIMT, except managing a place where drugs are used might not be.

Other Removal Grounds

Inadmissible and deportable CS.
See Advice and see 11377 regarding the unspecified controlled substance defense.

Advice and Comments

This is a bad plea. See H&S 11377, 11379 (“offering”), public nuisance offenses, e.g., PC 370, disposal of hazardous waste, instead.

The “unspecified controlled substance defense” may apply to 11366.5, although 11377, 11379 is a better vehicle. Imm advocates may investigate whether this defense also applies to 11366. See instructions at 11377.

2020-05-19T16:38:04+00:00Updated January 29th, 2020|