VC 2800.1

VC 2800.1

Offense

Flight from peace officer

Aggravated Felony (AF)

Not AF as COV; see 2800.2.

Crime Involving Moral Turpitude (CIMT)

Not CIMT1A conviction under Veh C § 2800.1 is not a CIMT. The Ninth Circuit held that Veh C § 2800.2, which requires the same conduct but with the addition of recklessness, is not a CIMT. See discussion of Ramirez-Contreras v. Sessions, 858 F.3d 1298 (9th Cir 2017), below. See also Matter of Ruiz-Lopez, 25 I&N Dec. 551 (BIA 2011), where the BIA found that the offense of driving a vehicle while eluding a police officer under Wash. Rev. Code § 46.61.024 was a CIMT because it had as an aggravating factor wanton or willful disregard for lives or property. Section 2800.1 does not have those elements.

Other Removal Grounds

No other removal ground.

Advice and Comments

N/A

2020-05-19T19:37:10+00:00Updated January 29th, 2020|