Driving on suspended license with knowledge
Aggravated Felony (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).