PC 485

PC 485

Offense

Theft by misappropriation

Aggravated Felony (AF)

Get 364 or less on each count, to avoid AF as theft. If that is not possible, see Advice

Crime Involving Moral Turpitude (CIMT)

Arguably not a CIMT because includes intent to temporarily deprive; see discussion in un-published Ninth Circuit case.1In Sheikh v. Holder, 379 Fed.Appx. 697, 2010 WL 2003567 (9th Cir. May 20, 2010) (unpublished), the panel found that Pen C § 485 is not a CIMT because it does not have intent to permanently deprive as an element. But see Advice.

Other Removal Grounds

No other removal ground.

Advice and Comments

AF as theft: Imm advocates can explore argument that this is not “theft” because it does not involve stealth, and thus should not be an AF even with 1 yr sentence. But defenders should not rely on this untested argument and should seek, e.g., 487, 459, 530.5 if more than 364 days will be imposed on a single count.

CIMT: If avoiding CIMT is critical, see PC 529(a)(3), 530.5, 496, 10851.

2020-10-23T17:21:17+00:00Updated January 29th, 2020|