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
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) – but if D was not admitted watch out for LRA Mandatory Detention for burglary offenses. 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.
SB54: Law enforcement is permitted to notify/transfer to ICE indefinitely for felony. Misdemeanor conviction permits law enforcement cooperation for 5 years. See SB 54 advisory at www.ilrc.org/crimes-summaries.
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.