PC 422

Offense

Criminal threats (formerly terrorist threats)

Aggravated Felony (AF)

Get 364 days or less on any single count to avoid AF as COV.¹Rosales-Rosales v. Ashcroft, 347 F.3d 714 (9th Cir. 2003). See § N.4 Sentence. See Advice.

Crime Involving Moral Turpitude (CIMT)

Yes CIMT²Latter-Singh v. Holder, 668 F.3d 1156 (9th Cir. 2012).

Other Removal Grounds

Deportable DV crime if proof V and D have a type of relationship protected under state DV law.

To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).

Advice and Comments

PC 422

To avoid COV and a deportable crime of DV, see PC 32, 69, 136.1(b), 148(a), 236/237, 243(a), (e), 243.4(a), (e), 459/460(a) or (b). Do not plead to 243(d). Some of these can take a sentence of a year. See also Case Update: Domestic Violence Deportation Ground (2018) at www.ilrc.org/crimes

If D will go to prison, avoid an AF by making PC 422 the subordinate felony, for a sentence of 8 months.