H&S C 11550

H&S C 11550

Offense

Under the influence of a controlled substance (CS)

Aggravated Felony (AF)

Not AF, even with a drug prior.
See generally ยง N.8 Controlled Substance

Crime Involving Moral Turpitude (CIMT)

Not CIMT

Other Removal Grounds

Deportable, inadmissible as CS, except see defenses in Advice.

Non-federal substance defenses may apply. The Ninth Circuit found 11550 is divisible as to substance.1See Tejeda v. Barr, 960 F.3d 1184 (9th Cir. 2020). Often no specific substance is charged for 11550. But 11377 is a better vehicle for this defense, where available. See discussion at 11377.

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 Advice for 11377.

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).

2020-10-22T17:35:19+00:00Updated January 29th, 2020|