PC 647(a)

PC 647(a)

Offense

Disorderly: lewd or dissolute conduct in public

Aggravated Felony (AF)

Not AF even if ROC shows minor involved1An age-neutral offense never is the aggravated felony sexual abuse of a minor. See, e.g., discussion in Sanchez-Avalos v. Holder, 693 F.3d 1011 (9th Cir. 2012), and see § N.10 Sex Offenses. (but don’t let ROC show this)

Crime Involving Moral Turpitude (CIMT)

Yes, held CIMT, although imm counsel can argue against this. Consider PC 370. See Advice.

Other Removal Grounds

To ensure not wrongly charged as child abuse, keep any minor’s age out of ROC. See 243(a).

Advice and Comments

AF: Good alternative to sexual conduct near/with minor

CIMT Older BIA decisions finding CIMT were influenced by anti-gay bias. Imm attys will argue they should not be followed,2However, Nunez-Garcia, 262 F. Supp. 2d 1073 (CD Cal 2003) re-affirmed these cases without comment; see cites in that opinion. but until there is precedent this presents a CIMT risk. Instead see 647(c), (e), (h).

Adam Wash Act. If V under 18, this might trigger Adam Walsh provisions that can block a USC or LPR from obtaining immigration status for family in the future. See PC 288(a).

2020-05-19T19:13:00+00:00Updated January 29th, 2020|