PC 4573.6

PC 4573.6

Offense

Possess CS’s in jail without permission

Aggravated Felony (AF)

Not a CS offense, per Ninth Circuit. Even if it were, it should not be an AF.

Crime Involving Moral Turpitude (CIMT)

Should not be a CIMT because it just involves possession without permission.

Other Removal Grounds

No other removal grounds, but see Advice.

Advice and Comments

Not CS offense. Ninth Circuit held PC 4573.6 is overbroad as a CS offense because it includes substances not listed in federal schedules, and it is indivisible, in US v Graves (May 2019).1The Ninth Circuit held that no conviction under 4573.6 is an offense relating to a federally defined controlled substance. U.S. v. Graves, 925 F.3d 1036 (9th Cir. 2019). See discussion of Graves in endnote to PC 4573, above. Thus no conviction is a deportable and inadmissible CS, at least within Ninth Circuit. Still, where possible keep ROC clean of reference to specific CS that is on a federal list.

2020-10-27T16:55:22+00:00Updated January 29th, 2020|