Offense
Elder abuse: Theft, Fraud, Forgery, 530.5 by caretaker
Aggravated Felony (AF)
See 368(d), including Advice.
368(e)(1) is not an AF because the top is 364 days and $950 loss, while (e)(2) could become an AF if 1 yr or more is imposed and/or loss > $10k.
Crime Involving Moral Turpitude (CIMT)
See 368(d) re the possibility that 368 by 530.5(a) is not a CIMT. But in 368(e), an additional negative factor for CIMT is that D knows V is elder and has a caretaker relationship.
Other Removal Grounds
No other removal ground
Advice and Comments
PC 368(e)
AF. Same analysis as 368(d).
SB54: Law enforcement is NOT permitted to cooperate with ICE for subsection (e)(2), as it is a straight misdemeanor. LEA is permitted to cooperate for 15 years for felony 368(e)(1) and for 5 years for misdemeanor (e)(1). See SB 54 advisory at www.ilrc.org/crimes-summaries.
LRA Mandatory Detention: If D was not admitted into the U.S., a conviction or pending charge for this offense might trigger mandatory detention without bond under LRA. (Note that people not admitted to U.S. also 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.)