Offense
Under the influence of a controlled substance (CS)
Aggravated Felony (AF)
Not AF, even with a drug prior.
See generally materials at www.ilrc.org at N.8 Controlled Substances
Crime Involving Moral Turpitude (CIMT)
Not CIMT
Other Removal Grounds
Deportable, inadmissible as CS; see Advice
11550 is divisible as to substance. 1See Tejeda v. Barr, 960 F.3d 1184 (9th Cir. 2020).
Firearms. 11550(e) should not be held a deportable firearms offense due to the antique firearms rule. See PC 29800(a). But it may be a bar to DACA. See PC 25400.
Advice and Comments
See defenses and strategies at Advice for 11377. If nothing else, a plea to “an analog” of the CS may create a defense; see 11377, sec. B.4.
Avoiding naming the CS in the record does not help undocumented people at all and may not help LPRs.
Marijuana/hashish: Ninth Cir held that conviction of being under the influence of marijuana or hashish qualifies for 30 grams marijuana benefits, but BIA disagrees. See 11377. It appears that 11550 does not include cannabis, but sometimes it is treated as though it does in immigration proceedings.
A plea to 11550 from on or before 7/14/2011 is NOT eliminated for imm purposes by rehabilitative relief, under Lujan. 11550 does not get the same benefit as possession, possession of paraphernalia, or giving away marijuana.2Nunez-Reyes v Holder, 646 F.3d 684 (9th Cir. 2011) (en banc).
Consider defenses at 11377 before pleading to this offense.
SB54: Straight misdemeanor drug offense does not permit law enforcement cooperation with ICE.
Mandatory Detention: People not admitted to U.S. are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.