Offense
Possess CS while armed with firearm
Aggravated Felony (AF)
Not AF (no federal analogue)
Crime Involving Moral Turpitude (CIMT)
Arguably not a CIMT; see Advice
Other Removal Grounds
Yes, deportable and inadmissible CS offense unless one can plead to a non-federal substance. See discussion of the possible advantage of pleading to meth at Advice.
Not a deportable firearms offense.
See Advice.
Advice and Comments
CIMT. Possessing either a CS or a firearm is not a CIMT, so together arguably they are not.
CS. All substances listed in 11370.1 are on federal schedules. But note two precedent decisions by federal district courts holding that meth as defined under California law does not meet the definition of a federal CS. See discussion of U.S. v. Verdugo and U.S. v. Morales-Rodriguez at 11377, below. If D cannot avoid pleading to 11370.1, the best option is to designate meth.
Firearm. Not a deportable firearms offense because it comes within antique firearm exception; see PC 29800(a).