PC 666

PC 666

Offense

Petty theft with a prior

Aggravated Felony (AF)

Theft as defined by 484 is not an AF even if 1 yr imposed but avoid getting both 1 yr and loss of $10k. See PC 484.

Crime Involving Moral Turpitude (CIMT)

Yes CIMT. See Advice

Other Removal Grounds

No other removal ground.

Advice and Comments

CIMT: If there is a CIMT prior such as any 484 offense, this makes a dangerous two CIMT convictions. To avoid a CIMT, consider plea to PC 459, 496, or VC 10851. For rules governing when CIMTs trigger a removal ground, see n. 3.

Prop 47 can reduce a qualifying prior 666 to misdemeanor. However, immigration authorities will assert they cannot give effect to a Prop 47 redesignation as a misdemeanor.1See discussion in Velasquez-Rios v. Wilkinson, 988 F.3d 1081 (9th Cir. 2021), declining to give effect to the retroactivity clause in Pen C § 18.5(a) because federal law will not give effect to a state criminal reform statute that purports to retroactively change a previously final conviction. It relied on United States v. Diaz, 838 F.3d 968, 975 (9th Cir. 2016), which declined to give effect to a Prop 47 reduction. One can argue that if the property offense at issue also is a wobbler, the reduction should be given federal effect because from its inception the wobbler had the potential to be a misdemeanor. At the same time as pursuing that argument, seek PCR. See discussion in Velasquez-Rios at pp 1087-88 of Garcia-Lopez v. Ashcroft, 33 F.3d 334 F.3d 840, 846 (9th Cir. 2003), overruled in part by Ceron v. Holder, 747 F.3d 773, 778 (9th Cir. 2014).

2021-05-18T18:34:31+00:00Updated May 18th, 2021|