Offense
Counterfeit mark on goods: create, possess for sale, sell
Aggravated Felony (AF)
AF if a year or more is imposed
AF if loss > $10k, under 350(a)(2). See Advice.
Crime Involving Moral Turpitude (CIMT)
Assume it is a CIMT
Other Removal Grounds
No other removal ground
Advice and Comments
AF: PC 350(a) must avoid both a sentence of a year or more (to avoid AF as “counterfeit”) and a loss > $10k (to avoid AF as fraud) on any single count.1Section 350 is a “counterfeiting” offense that becomes an AF if a year or more is imposed, under INA § 101(a)(43)(R). Rodriguez-Valencia v. Holder, 652 F.3d 1157, 1158 (9th Cir. 2011). It also will be held to be an offense of deceit that becomes an AF if loss to the victim/s exceeds $10,000, under § 101(a)(43)(M). A plea to 350(a)(1) should accomplish both, because it is a misdemeanor (364-day max) where loss is not > grand theft, which is $950. Or consider PC 484/487, which can take either a year sentence or a loss > $10k, but not both.