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.
SB54: Law enforcement should not be permitted to cooperate with ICE because (a)(1) is a straight misdemeanor and (a)(2) is not an enumerated wobbler. See SB 54 advisory at www.ilrc.org/crimes-summaries.
Mandatory Detention: People not admitted to U.S. are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.