PC 417.3, 417.8

PC 417.3, 417.8

Offense

Exhibit firearm in a threatening manner so V reasonably could fear, or to evade arrest.

Aggravated Felony (AF)

Get 364 days or less to avoid AF as COV for 417.3, but see advice for 417.8.1Bolanos v. Holder, 734 F.3d 875 (9th Cir. 2013) (Pen C § 417.3 is a COV under 18 USC § 16(a)), distinguishing Covarrubias Teposte v. Holder, 632 F.3d 1049 (9th Cir.2011). The Ninth Circuit also held that § 417.8 is a COV in Reyes-Alcaraz v. Ashcroft, 363 F.3d 937, 941 (9th Cir. 2004). However, the court did not consider the argument that § 417.8 applies to a person who threatens to harm themselves, while the immigration definition of a COV, 18 USC 16(a), only covers force “against the person or property of another.” See discussion, e.g., in Herdocia v Garland, No. 19-70266, 2021 WL 1345424 (9th Cir. Apr. 12, 2021). To avoid 1-yr sentence, see § N.4 Sentence.

Crime Involving Moral Turpitude (CIMT)

Assume CIMT

Other Removal Grounds

See PC 417(a)(2)

Advice and Comments

AF as COV. Arguably PC 417.8 is not a COV under 18 USC 16(a) because it includes violence to self, not only to “other,” which is part of § 16(a).

Misd firearms offense is a “significant misd” for DACA; see Advice at PC 25400.

See PC 417, 240, for better plea.

2021-05-18T15:56:35+00:00Updated May 18th, 2021|