PC 186.22(a)

PC 186.22(a)


Participates in gang, promotes felonious conduct

Aggravated Felony (AF)

Not AF

Crime Involving Moral Turpitude (CIMT)

This should not be a CIMT per se, although an immigration judge with an anti-gang stance might try to so hold. See good Ninth Circuit law on 186.22 (b), (d), below.

Other Removal Grounds

See Advice re possible security grounds.
Otherwise this is not a per se basis for deportability or inadmissibility, although Congress might add it in the future.

Advice and Comments

This is a bad plea because gang-related activity is an extremely negative factor in every discretionary decision, including release on bond. Whenever possible, avoid a plea to 186.22 and take the extra time in some other manner.

While there is no “gang” removal ground per se, gang membership sometimes is used to find inadmissibility under the “security and related grounds,” which are not waivable. 8 USC 1182(a)(3)(A) (ii).

Serves as a bar to DACA; see PC 25400.

2020-05-19T16:59:52+00:00Updated January 29th, 2020|