PC 1320(b), 1320.5

PC 1320(b), 1320.5

Offense

Failure to appear for a felony

Aggravated Felony (AF)

AF even with 364 or less, as “FTA for felony.” See Advice.

Get 364 or less on each count to avoid AF as obstruction of justice.1Renteria-Morales v. Mukasey, 551 F.3d 1076 (9th Cir. 2008) (holding that knowing failure to appear as ordered to face criminal charges under 18 USC § 1346 meets the generic definition of obstruction of justice and is an aggravated felony).

Crime Involving Moral Turpitude (CIMT)

Does not appear to be a CIMT

Other Removal Grounds

No other removal ground.

Advice and Comments

AF regardless of sentence: Even without a 1-year sentence, a conviction for FTA to answer to a felony charge punishable by at least 2 years, or to serve a sentence if the offense is punishable by at least 5 years, is an aggravated felony.2See 8 USC § 1101(a)(43)(Q), (T) and Renteria-Morales, supra, regarding the aggravated felony “failure to appear.”

Do not plead to FTA for a felony; plead to another substantive offense. Get post-conviction relief for a prior conviction.

2020-05-19T19:20:49+00:00Updated January 29th, 2020|