VC 14601.1 14601.2 14601.5

VC 14601.1 14601.2 14601.5

Offense

Driving on suspended license with knowledge

Aggravated Felony (AF)

Not AF

Crime Involving Moral Turpitude (CIMT)

Not CIMT—but see Advice if DUI is involved and warn client it is conceivable that a CIMT could be wrongly charged.

Other Removal Grounds

No other removal ground

DACA: This is a minor traffic offense and not a misd for purposes of three misd bar to DACA—but multiple convictions may be a basis for denial. See PC 25400.

Advice and Comments

CIMT: A single Arizona offense that has as elements DUI while knowingly driving on a suspended license was held a CIMT.1Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. 2009) (en banc). No single CA offense combines DUI and driving on a suspended license, and it is well-established that the gov’t is not permitted to combine two offenses to try to make a CIMT.2See, e.g., Matter of Short, 20 I&N Dec.136, 139 (BIA 1989) (“Moral turpitude cannot be viewed to arise from some undefined synergism by which two offenses are combined to create a crime involving moral turpitude, where each crime individually does not involve moral turpitude.”)

But to avoid any mistaken charges, where possible plead to driving on a suspended license on a different date than the DUI.3The Ninth Circuit has held that the factual basis for one offense cannot be used to characterize a separate and distinct offense. See Aguilar-Turcios v. Holder, 691 F.3d 1025 (9th Cir. 2012), substituted for 582 F.3d 1093 (9th Cir. 2009).

2020-05-19T19:41:31+00:00Updated January 29th, 2020|