Offense
Insurance fraud
Aggravated Felony (AF)
AF if loss to victim/s exceeds $10k.
Consider plea to 487 and see discussion at 470.
Crime Involving Moral Turpitude (CIMT)
Assume CIMT
Other Removal Grounds
No other removal ground.
Advice and Comments
LRA Mandatory Detention: If D was not admitted to the U.S., a conviction or pending charge for this offense could 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 should also argue that 550(a) does not 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. 1Jury instructions for PC 550 note that “It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.” CalCrim No. 2000 (2025).(But Note that even without LRA, people not admitted to U.S. also are 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: This felony conviction permits law enforcement to notify/transfer to ICE for 15 years. This misdemeanor wobbler permits law enforcement notification / transfer to ICEcooperation for 5 years. See SB 54 advisory at www.ilrc.org/crimes-summaries.