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

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.

2020-05-19T19:05:53+00:00Updated January 29th, 2020|