Today I think I am going to talk about certain crimes and their immigration consequences.  If you are convicted of burglary or more specifically ARS §13-1506 then here is the break down:

ARS §13-1506 states,

A. A person commits burglary in the third degree by:

1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.

2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.

B. Burglary in the third degree is a class 4 felony.

This is a divisible statute. The key when convicted is to avoid a record demonstrating that the intent was to commit a Crime of Moral Turpitude (CMT) after entry because unlawful entry or remaining are not CMTs.  Burglary becomes a CMT only if the intended offense involves moral turpitude.  Entry with intent to commit larceny is a CMT, while entry with intent to commit an undesignated offense (“a felony”) or an offense that does not involve moral turpitude is not. Matter of M, 2 I. & N. Dec. 721 (BIA 1946).

Your criminal attorney should create a record of conviction where the client is guilty only of “theft or any felony” or “a felony.” However, because Arizona theft statutes include subsections that do not require intent to permanently deprive the owner of benefits, and since traditionally an intent to permanently deprive is required for moral turpitude, even a plea of intent to commit an undesignated theft may avoid CMT. The disadvantage of “any theft” is that immigration judges are trained to think that any theft is a CMT, while they recognize that “any felony” may not be.

If you are convicted of Burglary and you have immigration issues please do not hesitate to contact Ariano & Reppucci, PLLC who can both assist your criminal attorney and minimize any immigration consequences from your criminal convictions.  To set up an appointment call 602-515-0841.