Offense
Tamper with cell phone to prevent contacting law enforcement
Aggravated Felony (AF)
Not AF: It is not an AF as obstruction of justice as it has a 6 month maximum sentence.
Crime Involving Moral Turpitude (CIMT)
Conservatively assume CIMT, but immigration counsel may argue against that. See Advice.
Other Removal Grounds
Not COV so not deportable DV offense (but as always, keep ROC clear of threats, violence).
To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).
Advice and Comments
CIMT: There are no cases interpreting elements and defenders should conservatively assume it may be a CIMT. To more securely avoid that, consider 148(a), 243(a), 243(e), 459, 591, 594.
Immigration counsel may argue against this that it is not a CIMT because it has a similar intent as , as a similar offense to PC 32, 136.1(b)(1), which are not CIMTs..
SB54: As a straight misdemeanor, law enforcement cannot notify ICE of release or transfer someone to ICE. See SB 54 advisory at www.ilrc.org/crimes-summaries