PC 466

PC 466

Offense

Possess burglary tools, intend to enter building, etc.

Aggravated Felony (AF)

Not AF (lacks the elements, and 6-month max misd).

Crime Involving Moral Turpitude (CIMT)

Should not be CIMT. See Advice

Other Removal Grounds

No other removal ground.

Advice and Comments

CIMT: Intent to unlawfully enter any building, vehicle, etc., with no element regarding intent to commit a further crime is not a CIMT.1See, e.g., Matter of M, 2 I&N Dec. 721, 723 (BIA 1946) (mere unlawful entry is not a CIMT; it must be unlawful entry with intent to commit a CIMT), and discussion of that case in Matter of Louissaint, 24 I&N Dec. 754, 755-56 (BIA 2009) (adding to that rule by holding that an offense with elements of unlawful entry into an occupied dwelling with intent to commit a crime also is a CIMT). Section 466 does not require intent to commit any crime, much less a CIMT, or to enter a particular place, much less an occupied dwelling.

2020-05-19T18:54:46+00:00Updated January 29th, 2020|