VC 20001, 20003, 2004

VC 20001, 20003, 2004

Offense

Hit and run (felony)

Aggravated Felony (AF)

Not AF

Crime Involving Moral Turpitude (CIMT)

Assume 20001(a)-(b) is divisible as a CIMT.1See Cerezo v. Mukasey, 512 F.3d 1163 (9th Cir. 2008) (finding that VC § 20001(a) is not categorically a crime involving moral turpitude). Assume this is divisible, because a jury must unanimously decide which duty defendant failed to perform. CALCRIM 2140, 2141, 2150, 2151. See Advice.

Assume 20001 enhancement under 20001(c) is CIMT.

Other Removal Grounds

No other removal ground.

Advice and Comments

CIMT. To avoid CIMT, plead to “failure to provide registration information.” Do not plead to failure to stop.

Or, to prevent the offense from causing an LPR who is not already deportable to not have a CIMT for deportability purposes, plead to the language of the statute in the alternative.

2020-05-19T19:43:34+00:00Updated January 29th, 2020|