PC 135

PC 135

Offense

Destroy or conceal evidence

Aggravated Felony (AF)

Not AF as obstruction of justice (it has a 6-month maximum sentence)

Crime Involving Moral Turpitude (CIMT)

Conservatively assume a CIMT, but see Advice

Other Removal Grounds

No other removal ground. Like PC 32, this should not take on the character of underlying offense, so it is a very good alternative for drug, DV, child abuse, etc.

Advice and Comments

CIMT: Immigration advocates can investigate whether PC 135 should be treated the same as PC 32. The Ninth Circuit has held PC 32 never is a CIMT, but the BIA disagrees. But if avoiding CIMT is a priority, see PC 136.1(b)(1) or even PC 32.

2020-05-19T16:52:36+00:00Updated January 29th, 2020|