PC 186.22 (b), (d)

PC 186.22 (b), (d)

Offense

Gang benefit enhancement

Aggravated Felony (AF)

AF if underlying conduct is AF (e.g., a COV with 1-yr imposed)

Crime Involving Moral Turpitude (CIMT)

Does not change a non-CIMT into a CIMT under current Ninth Cir law; see Advice.

Other Removal Grounds

See discussion at 186.22(a).

Advice and Comments

CIMT: Ninth Circuit held that this enhancement does not change a non-CIMT (possess weapon) into a CIMT. It declined to follow BIA precedent finding that 186.22(d) transforms PC 594 into a CIMT.1See Hernandez-Gonzalez v. Holder, 778 F.3d 793 (9th Cir. 2015) (9th Cir. 2015) (gang enhancement under § 186.22(b) does not turn a non-CIMT (possession of a billy club) into a CIMT), declining to follow in this circuit Matter of E.E. Hernandez, 26 I&N Dec. 397 (BIA 2015) (vandalism with enhancement, Pen C §§ 594(a), 186.22(d), is a CIMT). BIA will apply its own rule outside the Ninth Cir.

See Advice for 186.22(a) regarding serious risks of gang provisions in general.

2020-05-19T17:01:08+00:00Updated January 29th, 2020|