Offense
False financial statements in writing
Aggravated Felony (AF)
AF if more loss to victim’s exceeds $10k. See 487 and discussion at 470.
Crime Involving Moral Turpitude (CIMT)
Defenders assume CIMT per Ninth Circuit.
Immigration advocates, see Advice.
Other Removal Grounds
No other removal ground.
Advice and Comments
CIMT. Ninth Cir held this is a CIMT as it amounts to fraud, so defenders must assume this is the case. Imm advocates may explore arguments against this, which were brought up in the panel’s dissent. 1
Although the statute does not mention fraud, the Ninth Circuit held that because 532a(a) requires a knowing false representation in order to gain something of value, fraud in fact is an element. Tijani v. Holder, 628 F.3d 1071, 1078 (9th Cir. 2010), distinguishing § 530.5(a), which does not have an element of fraud, from § 532(a)(1), which it found to have such an element.
Immigration advocates who want to contest this can see Judge Tashima’s partial concurrence and dissent and consider whether it is bolstered by subsequent Supreme Court rulings on the categorical approach. As always, while making an argument not guaranteed to win, advocates should pursue other strategies including post-conviction relief at the same time. As always, while pursuing a novel argument, also investigate PCR to eliminate the conviction.
LRA Mandatory Detention: If D was not admitted to the U.S., a conviction or pending charge for this offense might trigger mandatory detention without bond under LRA. See further discussion at Overview: Mandatory Detention. Try 530.5(a), as long as loss is under $10k. Immigration advocates can argue that 532a does not meet the California definition of theft for purposes of LRA because it does not have the elements of a taking and carrying away and a permanent or substantial deprivation of property, but take note of the above caselaw on 532a as a CIMT. (Also note that even without LRA, people who have not been admitted to U.S. are also subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.)
SB54: As straight misdemeanors, law enforcement cooperation with ICE is not permitted for 532a(1)-(3). A felony conviction for 532a(4) permits law enforcement cooperation with ICE for 15 years, while a misdemeanor 532a(4) conviction permits law enforcement cooperation for 5 years. See SB 54 advisory at www.ilrc.org/crimes-summaries.