VC 2800.4

VC 2800.4

Offense

Flight from peace officer while driving against traffic

Aggravated Felony (AF)

Try to get 364 days or less, in case COV definition is changed to include recklessness

Crime Involving Moral Turpitude (CIMT)

Yes CIMT1In finding that Veh C § 2800.4 is a CIMT, the Ninth Circuit noted, “Qualifying non-fraudulent crimes ‘almost always involve an intent to injure someone, an actual injury, or a protected class of victims.’ But the non-fraudulent category also includes some crimes that seriously endanger others, even if no actual injury occurs.” Giving Skidmore deference to an unpublished BIA opinion, the court held that “willfully driving in the wrong direction while willfully fleeing a pursuing police officer inherently creates a risk of harm to others that is substantial enough for the statute categorically to meet the definition of a crime involving moral turpitude.” Moran v. Barr, 960 F.3d 1158, 1160, 1161–62 (9th Cir. 2020). It distinguished § 2800.4 from the less serious offense § 2800.2, which can be committed by violating three traffic laws while in flight, and which has been held not to be a CIMT.

Other Removal Grounds

No other removal ground

Advice and Comments

AF as COV. This is not a COV under the current definition, which requires intent to use or threaten force. But if the Supreme Court expands the COV definition to include recklessness, 2800.4 possibly would be held a COV even though it involves willful as opposed to reckless intent.

2020-10-23T19:12:12+00:00Updated October 23rd, 2020|