PC 422

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 of DV-type victim. See PC 245.
To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).

Advice and Comments

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

2020-05-19T18:46:25+00:00Updated January 29th, 2020|