Offense
Exhibit imitation firearm in threatening manner; V reasonably could fear
Aggravated Felony (AF)
COV, but not AF because maximum less than one year
Crime Involving Moral Turpitude (CIMT)
Assume a CIMT
Other Removal Grounds
Not deportable firearms offense; see Advice.
DV offense if showing that V is DV-type V.
Advice and Comments
Imitation firearm is defined at PC 16700; this does not appear to be included in the 18 USC 921 federal definition. Federal offense prohibiting imitation guns without orange cap (15 USC 5001) is not listed in firearms AF definition at 8 USC 1101(a)(43)(E).
Alternative: PC 20170 has stronger arguments that it is not a CIMT.
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.
SB54: LEA is not permitted to cooperate with ICE because it is a straight misdemeanor. See SB 54 advisory at www.ilrc.org/crimes-summaries.