PC 490, 490.1

PC 490, 490.1

Offense

Petty theft

(misd or infraction)

See PC 484, above

Aggravated Felony (AF)

Not AF.

Crime Involving Moral Turpitude (CIMT)

Assume CIMT for a new conviction, but arguably not a CIMT if conviction occurred before Nov. 16, 2016.

See Advice re infractions

Other Removal Grounds

No other removal ground.

Advice and Comments

CIMT. While a Calif infraction arguably is not a “conviction” for imm purposes, there is no ruling and defenders must conservatively assume that it will be treated as one. See 11358. If 490.1 is treated as a conviction, this is a CIMT.

To avoid a CIMT, see PC 459, 496, VC 10851. Also see discussion at PC 484.

2020-10-23T18:00:46+00:00Updated January 29th, 2020|