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. No conviction is a deport-able and inadmissible CS, at least within Ninth Cir; see Advice. Still, where possible keep ROC clean of reference to specific CS that is on a federal list.

Advice and Comments

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.

2020-10-23T18:34:03+00:00Updated January 29th, 2020|