PC 530.5(c), (d)(1)

PC 530.5(c), (d)(1)

Offense

With intent to defraud, uses another’s unlawfully obtained personal identifying information

Aggravated Felony (AF)

AF if loss to victim/s exceed $10,000.

Not AF by 1 yr imposed.

See Advice.

Crime Involving Moral Turpitude (CIMT)

Yes, CIMT because intent to defraud.

Other Removal Grounds

No other removal ground.

Advice and Comments

PC 530.5(c), (d)(1)

The discussion above of 530.5(a) as a potential AF based on a sentence of 1 yr or more applies to 530.5(c), (d).

If the loss to the victim/s exceeds $10k, plead to PC 487, 459. If that is not possible, see discussion at PC 470 for how to create an ROC here to avoid an aggravated felony.

2022-06-09T02:18:03+00:00Updated May 31st, 2022|