Offense
Reckless driving proximate cause of injury
Aggravated Felony (AF)
Not a COV, but as always try to obtain 364 or less.
Crime Involving Moral Turpitude (CIMT)
Assume that 23105 is a CIMT, but 23104 might not be. See Advice.
Other Removal Grounds
No other ground
Advice and Comments
CIMT: Acting recklessly with wanton disregard of imminent risk to life or serious injury is a CIMT. Because 23104 requires only “bodily injury” while 23105 sets out various more serious injuries, we would argue that 23104 is not a CIMT. Note voluntary intoxication is not a defense against a CIMT finding.
AF/COV: Supreme Court held that reckless conduct is not a COV for this purpose, so a conviction should not be an AF even if a year or more is imposed.
SB54: Law enforcement cooperation with ICE is not permitted. See SB 54 advisory at www.ilrc.org/crimes-summaries
LRA Mandatory Detention: If D has not been admitted to the U.S., ICE may argue that a conviction or pending charge for 23105 triggers mandatory detention without bond under the LRA, because the list of injuries is very similar to the definition of ‘serious bodily injury’ in PC 243(f)(4). Note that regardless of LRA, people not admitted to U.S. also are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.