Offense
Fraudulently stealing water for agricultural, etc., uses
Aggravated Felony (AF)
May be an AF if value of water exceeds $10k, or possibly if sentence of one year or more. See Advice.
Possible alternative to H&S C 11358
Crime Involving Moral Turpitude (CIMT)
Because fraud is an element, it appears to be a CIMT
Other Removal Grounds
Appears not to trigger any other removal ground. But if this is pled to in response to a charge of 11358, gov’t will be on alert to seek evidence to prove the person is inadmissible because they have “reason to believe” the person engaged in drug trafficking.
Advice and Comments
Possible alternative to a plea to 11358, which is at risk of being a drug trafficking “aggravated felony” even if the offense itself is an infraction. Section 592 is not a drug offense, although it appears to be a CIMT.
PC 592 is a 6-month misd. unless the value of the water exceeds $950 or there is a prior offense, in which case it is a wobbler.
AF: The statute identifies the offense as involving fraud, but possibly ICE would argue that it involves theft because water is “property.” To avoid that issue, avoid a sentence of a year or more imposed on any given count.
Because it involves fraud, if the amount of water taken exceeds $10,000 in value, consider a plea to PC 487 rather than 592 or get expert help on setting out the plea.
LRA Mandatory Detention: If D was not admitted to the U.S., a conviction or pending charge for this offense could presumably trigger mandatory detention without bond under LRA. See further discussion at Overview: Mandatory Detention. Best option to avoid LRA is to plead to an offense unrelated to these categories, e.g., trespass, PC 32, 594, etc. (Note that 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.)