VC 23153

Offense

DUI causing bodily injury

Aggravated Felony (AF)

Not AF

See VC 23152(a)

Crime Involving Moral Turpitude (CIMT)

Not CIMT

See VC 23152(a)

Other Removal Grounds

See VC 23152(a)

Advice and Comments

VC 23153

See VC 23152(a)

Refugees/asylees. DUI with injury may be treated as a “particularly serious crime,” which is bad for refugees, asylees, and applicants for asylum.¹See Avendano-Hernandez v. Lynch, 800 F.3d 1072 (9th Cir. 2015) (depending upon individual circumstances, the BIA can properly find that a conviction of Veh Code § 23153(b) is a particularly serious crime). (DUI without injury should not be, but no guarantee.) See also Advice to 23152 re proposed asylum regs.

SB54: Law enforcement cooperation with ICE for misdemeanor 23153 is not permitted but 1170(h) felony DUI permits cooperation for 15 years and state prison felony DUI permits cooperation indefinitely. See SB 54 advisory at www.ilrc.org/crimes-summaries