PC 476a(a)

PC 476a(a)

Offense

Bad check with intent to defraud

Aggravated Felony (AF)

AF if loss to the victim/s exceeds $10,000; see Advice.

Crime Involving Moral Turpitude (CIMT)

CIMT. See 529(3), 530.5, to try to avoid CIMT.

Other Removal Grounds

No other removal ground.

Advice and Comments

To avoid an AF based on conviction of a fraud or deceit offense where loss to the victim > $10k, see PC 484. If that is not possible, follow Advice for PC 470.

Prop 47:  Note that immigration authorities will assert they cannot give effect to a Prop 47 redesignation as a misdemeanor.1See discussion in Velasquez-Rios v. Wilkinson, 988 F.3d 1081 (9th Cir. 2021), declining to give effect to the retroactivity clause in Pen C § 18.5(a), because federal law will not give retroactive effect to a state criminal reform statute that purports to change a previously final conviction. It relied on United States v. Diaz, 838 F.3d 968, 975 (9th Cir. 2016), which declined to give effect to a Prop 47 reduction. One can argue that if the property offense at issue also is a wobbler, the reduction should be given federal effect because from its inception the wobbler had the potential to be a misdemeanor. See discussion in Velasquez-Rios at pp 1087-88 of Garcia-Lopez v. Ashcroft, 33 F.3d 334 F.3d 840, 846 (9th Cir. 2003), overruled in part by Ceron v. Holder, 747 F.3d 773, 778 (9th Cir. 2014).

2021-05-18T16:25:31+00:00Updated May 18th, 2021|