PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES ... · Bail Reform Act BAIL REFORM ACT VIOLATION: having ... Boating - DUI BOATING UNDER THE INFLUENCE: did operate or was in physical

PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN

D.C. SUPERIOR COURT TRAFFIC COURT

By Gwendolyn McDowell Washington

OFFENSE STATUTORY DEFINITION PENALTY IMMIGRATION

OFFENSE

Altered Tags ALTERED TAGS: did alter,

with fraudulent intent, any

registration, certificate, temporary

registration certificate, license

plate or plates, or temporary

identification tags, issued by the

District of Columbia or by any

other state or jurisdiction, in

violation of 18 DCMR § 1104.2

(1995), for which a penalty is

provided in 18 DCMR § 1110.1

(1995).

$300 and/or 10

days

Possibly a Crime Involving

Moral Turpitude if the

client has another

conviction constituting a

Crime Involving Moral

Turpitude that does not

arise out of the same

scheme or plan.

Violations of regulatory

statutes are not considered

Crimes Involving Moral

Turpitude. See Matter of

Gagliotti, 10 I&N Dec.

719 (BIA 1964).

Attempt LAC-PI ATTEMPT - LEAVING

AFTER COLLIDING -

PERSONAL INJURY: did

attempt to operate a vehicle and,

having injured any person

therewith, fail to stop and give

assistance, together with his/her

name, place of residence,

including street and number, and

the name and address of the

owner of the vehicle so operated,

or did fail to immediately report

the required information to a

police station or to any officer

within the District of Columbia, in

violation of D.C. Code §§ 50-

2201.05 (a) (1) (2001) and 22-

1803 (2001).

First Offense: $500 fine

and/or 6

months

Second or

Subsequent

Offense: $1,000 and/or

1 year.






719 (BIA 1964).

Possibly a Crime

Involving Moral

Turpitude if coupled with

another CIMT not arising

out of a single scheme or

course of conduct or if the

driver was operating on a

suspended license.




2

Attempt OAR ATTEMPT - OPERATING

AFTER REVOCATION: did

attempt to operate a motor vehicle

during the period for which

his/her operator's license or right

to operate was revoked, in


1403.01 (e) (2001) and 22-1803

(2001).

$1,000 and/or

180 days






719 (BIA 1964).

Possibly a Crime

Involving Moral




course of conduct or if the

driver was operating on a

suspended license.

Attempt OAS ATTEMPT - OPERATING

AFTER SUSPENSION: did

attempt to operate a motor vehicle

during the period for which

his/her operator's license was

suspended, in violation of D.C.

Code §§ 50-1403.01 (e) (2001)

and 22-1803 (2001).

$1,000 and/or

180 days






719 (BIA 1964).

Attempt UA ATTEMPT – UNLAWFUL

POSSESSION OF

AMMUNITION: did attempt to

possess ammunition without a

valid registration certificate, in


2506.01 (2001) and 22-1803

(2001).

$1,000 and/or

180 days Not a firearms offense

Attempt UF ATTEMPT –

UNREGISTERED FIREARM:

did attempt to possess or control a

firearm without a valid

registration certificate, in


2502.01 (a) (2001) and 22-1803

(2001).

$1,000 and/or

180 Firearms Immigration

Offense.




3

Bail Reform Act BAIL REFORM ACT

VIOLATION: having previously

been released pursuant to the

provision of Title 23 of the

District of Columbia Code in a

Superior Court case, willfully

failed to appear before the Court

as required, in violation of D.C.

Code §23-1327.

Misdemeanor: $1,000 and/or

180 days

Felony:

$5,000 and/or

not less than 1

year and not

more than 5

years

Aggravated Felony is the

underlying offense is

punishable by at least 5

years or more.

Boating - DUI BOATING UNDER THE

INFLUENCE: did operate or was

in physical control of a vessel or

watercraft, including water skis,

aquaplane, sailboard, personal

watercraft or similar device in the

District, when the person is under

the influence of intoxicating

liquor or any controlled substance

or a combination thereof, in

violation of D.C. Code § 25-1004

(a) (3) (2001), for which a penalty

is provided in D.C. Code § 25-

1007 (a) (2001).

$500 and/or 90

days Crime Involving Moral

Turpitude if the client has

a conviction for another


Turpitude if the individual

has had his/her boating

license revoked or

suspended at the time of

the offense. See Matter of

Lopez-Meza, Int. Dec.

3423 (BIA December 21,

1999).

Boating - DWI BOATING WHILE

INTOXICATED: did operate or

was in physical control of a vessel

or watercraft, including water

skis, aquaplane, sailboard,

personal watercraft or similar

device in the District when the

person’s blood contains .08% or

more, by weight, of alcohol, or

.48 micrograms or more of

alcohol in one milliliter of the

person’s breath, consisting of

substantially alveolar air, or when

the person’s urine contains .13%

or more, by weight, of alcohol, in


(a) (1), (2) (2001), for which a

penalty is provided in D.C. Code

§ 25-1007 (a) (2001).

$500 and/or 90







license revoked or





1999).




4

Boating -

Negligent BOATING - NEGLIGENT: did

operate or use a vessel in a

negligent manner so as to

endanger the life, limb, or

property of a person, in violation

of 19 DCMR § 1026.3 (1995), for

which a penalty is provided in 19

DCMR § 1000.4 (1995).

$300 and/or 10





Turpitude not arising out

of the same scheme or

course of conduct.

Boating - OWI BOATING WHILE


was in physical control of a vessel

or watercraft, including water

skis, aquaplane, sailboard,

personal watercraft or similar

device in the District when the

person’s blood contains .08% or

more, by weight, of alcohol, or

.48 micrograms or more of

alcohol in one milliliter of the

person’s breath, consisting of

substantially alveolar air, or when

the person’s urine contains .13%

or more, by weight, of alcohol, in


(a) (1), (2) (2001), for which a


§ 25-1007 (a) (2001).

$300 and/or 10







license revoked or





1999).




5

Contributing to

the delinquency

of a minor-

Alcohol

CONTRIBUTING TO THE

DELINQUENCY OF A

MINOR - ALCOHOL/DRUG:

being 4 or more years older than a

minor, did invite, solicit, recruit,

assist, support, cause, encourage,

enable, induce, advise, incite,

facilitate, permit, or allow the

minor to possess or consume

alcohol or, without a valid

prescription, a controlled

substance, in violation of D.C.

Code §22-811(a)(2007), for which

penalties are enumerated in D.C.

Code §22-811(a)(2007)(b).

$1,000 and/or

6 months

Domestic Violence

Offense - any offense

involving the intentional,

knowing, reckless, or

criminally negligent act or

omission that constitutes

maltreatment of a child or

that impairs a child’s

physical or mental well-

being, including sexual

abuse or exploitation. See

Matter of Velazquez-

Herrera, 24 I&N 503, 512

(BIA 2008).







course of conduct.

Contributing to

the delinquency

of a minor-

violations of law

CONTRIBUTING TO THE

DELINQUENCY OF A

MINOR - VIOLATE LAW:

being 4 or more years older than a

minor, did invite, solicit, recruit,

assist, support, cause, encourage,

enable, induce, advise, incite,

facilitate, permit, or allow the

minor to violate a criminal law of

the District of Columbia for which

penalty constitutes a

misdemeanor, except for acts of

civil disobedience, in violation

D.C. Code §22-811(a)(2007), for

which penalties are enumerated in

D.C. Code §22-811(a)(2007)(b).

$1,000 and/or

6 months

Domestic Violence

offense - any offense











Herrera, 24 I&N 503, 512

(BIA 2008).






of the same scheme or course of conduct.




6

Contrib. minor –

gang CONTRIBUTING TO THE

DELINQUENCY OF A

MINOR - JOIN GANG: being 4

or more years older than a minor,

did invite, solicit, recruit, assist,

support, cause, encourage, enable,

induce, advise, incite, facilitate,

permit, or allow the minor to join

a criminal street gang, in violation

of D.C. Code §22-811(a) (2007),

for which penalties are

enumerated in D.C. Code §22-

811(a) (2007) (b).

$1,000 and/or

6 months Domestic Violence

Offense- any offense











Herrera, 24 I&N 503, 512

(BIA 2008).







course of conduct.

Contrib. minor –

order CONTRIBUTING TO THE

DELINQUENCY OF A

MINOR - VIOLATE COURT

ORDER: being 4 or more years

older than a minor, did invite,

solicit, recruit, assist, support,

cause, encourage, enable, induce,

advise, incite, facilitate, permit, or

allow the minor to violate a court

order, in violation of D.C. Code

§22-811(a)(2007), for which


Code §22-811(a)(2007)(b).

$1,000 and/or













Herrera, 24 I&N 503, 512

(BIA 2008).







course of conduct.




7

Contrib. minor –

runaway CONTRIBUTING TO THE

DELINQUENCY OF A

MINOR - RUNAWAY: being 4

or more years older than a minor,

did invite, solicit, recruit, assist,



permit, or allow the minor to run

away for the purpose of criminal

activity, in violation of D.C. Code

§22-811(a)(2007), for which


Code §22-811(a)(2007)(b).

$1,000 and/or













Herrera, 24 I&N 503, 512

(BIA 2008).







course of conduct.




8

Contrib. minor -

truant CONTRIBUTING TO THE

DELINQUENCY OF A

MINOR - TRUANT: being 4 or

more years older than a minor, did

invite, solicit, recruit, assist,



permit, or allow the minor to be

truant from school, in violation of

D.C. Code §22-811(a)(2007), for

which penalties are enumerated in

D.C. Code §22-811(a)(2007)(b).

$1,000 and/or













Herrera, 24 I&N 503, 512

(BIA 2008).







course of conduct.

Discharge of

Firearm –

Without Permit

DISCHARGE OF FIREARM –

WITHOUT PERMIT: did

discharge or set off a gun, air gun,

rifle, air rifle, pistol, revolver, or

other firearm, cannon or torpedo

without a special written permit

from the Chief of Police, in




(1995).

$300 fine only Firearms Offense.

Possibly a Crime

Involving Moral

Turpitude if the firearm

was discharged into an

occupied dwelling or

vehicle.




9

Disorderly -

Order and

Decorum

ORDER AND DECORUM -

DISORDERLY: did willfully

and knowingly utter loud,

threatening, or abusive language,

or engage in disorderly or

disruptive conduct within a

building or part of a building

owned or under the control of the

District of Columbia with the

intent to impede, disrupt, or

disturb the orderly conduct of a

meeting, hearing, or other

proceeding of the Council of the

District of Columbia or of a

committee or subcommittee

thereof, or the orderly conduct of

official business of an officer,

employee, or agency of the

District of Columbia, in violation

of 1 DCMR § 102.1 (a) (1995),

for which a penalty is provided in

1 DCMR § 102.2 (1995).

$300 or 10





course of conduct.






719 (BIA 1964).

Disorderly

Conduct -

Nighttime

DISORDERLY CONDUCT –

NIGHTTIME: did, with the

intent to provoke a breach of the

peace, or under circumstances

such that a breach of the peace

might be occasioned thereby,

shout or make a noise during the

nighttime to the annoyance or

disturbance of any considerable

number of persons, in violation of

D.C. Code § 22-1321 (3) (2001),


D.C. Code § 22-1321 (2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).




10

Disorderly

Conduct -

Fighting

DISORDERLY CONDUCT -

FIGHTING: did, with the intent

to provoke a breach of the peace,

or under circumstances such that a

breach of the peace might be

occasioned thereby, act in a

manner as to annoy, disturb,

interfere with, obstruct and be

offensive to others by fighting, in


(1) (2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).

Disorderly

Conduct –

General

Disorderly


GENERAL DISORDERLY:

did, with the intent to provoke a

breach of the peace, or under

circumstances such that a breach

of the peace might be occasioned

thereby, act in a manner as to

annoy, disturb, interfere with,

obstruct and be offensive to

others, in violation of D.C. Code §

22-1321 (1) (2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).

Disorderly

Conduct - Jostling DISORDERLY CONDUCT –

JOSTLING: did, with the intent

to provide a breach of the peace,

or under circumstances such that a

breach of the peace may be

occasioned thereby, interfere with

a certain person by jostling

against such person or

unnecessarily crowding such

person or by placing a hand in the

proximity of such person’s

pocketbook or handbag in


(4) (2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).




11

Disorderly

Conduct – Loud

and Boisterous


LOUD AND BOISTEROUS:

did, with the intent to provoke a






obstruct and be offensive to others

by being loud and boisterous, in


(1) (2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).

Disorderly

Conduct- Peeping

Tom


PEEPING TOM: did, with the




might be occasioned thereby, act

in a manner as to annoy, disturb,

interfere with, obstruct and be

offensive to others by acting as a

Peeping Tom, in violation of D.C.

Code § 1321 (1) (2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).

Disorderly

Conduct - Profane

Language

PROFANE LANGUAGE: did

curse, swear, or make use of

profane language or indecent or

obscene words, or engage in any

disorderly conduct on any street,

avenue, alley, road, highway,

public park or enclosure, public

building, church, or assembly

room, or in any other public place,

or in any place wherefrom the

same may be heard in any street,

avenue, alley, road, highway,

public park or enclosure, or other

building, or in any premises other

than those where the offense was

committed, in violation of D.C.

Code § 22-1307 (2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).




12

Disorderly

Conduct – Public

Conveyance


PUBLIC CONVEYANCE: did,

with the intent to provoke a




thereby, cause a disturbance in a

public conveyance by running

through it, climbing through

windows or upon the seats, or

otherwise annoying passengers or

employees, in violation of D.C.

Code § 22-1321 (5) (2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).

Disorderly

Conduct –

Urinating in

Public


URINATING IN PUBLIC: did,

with the intent to provoke a






obstruct and be offensive to others

by urinating in public, in violation

of D.C. Code § 22-1321 (1)

(2001).

$250 and/or 90





course of conduct.






719 (BIA 1964).

Drinking in

Public DRINKING IN PUBLIC: did

drink an alcoholic beverage in

public in or upon a street, alley,

park, sidewalk, or parking area, in

violation of D.C. Code § 25-

1001(a), for which a penalty is

provided in D. C. Code § 25-

1001(d) (2001).

$500 and/or 90

days Violations of regulatory





719 (BIA 1964).

Drinking in

Public - Vehicle DRINKING IN PUBLIC: did

drink an alcoholic beverage in

public in a vehicle, in or upon a

street, an alley, a park, or a

parking area, in violation of D.C.

Code § 25-1001 (a) (2) (2001), for

which a penalty is provided in D.

C. Code § 25-1001(d) (2001).

$500 and/or 90






719 (BIA 1964).




13

Driving Under the

Influence DRIVING UNDER THE

INFLUENCE: did operate or was

in physical control of a vehicle

while under the influence of an

intoxicating liquor, a drug, or the

combination of intoxicating liquor

and a drug, in violation of D.C.

Code § 50-2201.05 (b) (1) (2001).

First Offense:

$300 and 90

days (5 days if

.20^ or 10 days

if .25^).

Second

Offense:

$1,000-5,000

fine and 5 days

(up to 1 year or

30 days

Community

Service) (10

days if .20^ or

20 days if

.25^)

Third

Offense:

$2,000 -

10,000 fine

and 10 days

(up to 1 year or

30 days

Community

Service) (15

days if .20^ or

25 days if

.25^).

Possibly a Crime

Involving Moral

Turpitude if the offense

was done while the

individual committed the

offense without a valid

driver’s license.




14

Driving While

Intoxicated DRIVING WHILE


was in physical control of a

vehicle while his/her blood

contained at least .08 percent or

more, by weight of alcohol, or

while .38 micrograms or more of

alcohol were contained in 1

millimeter of the individual's

breath, or while the individual's

urine contained, at least .10

percent or more by weight of

alcohol, in violation of D.C. Code

§ 50-2201.05 (b) (1) (2002

Supp.).

First Offense:

$300 and 90

days (5 days if

.20^ or 10 days

if .25^)

Second

Offense:

$1,000-5,000

fine and 5 days

(up to 1 year or

30 days

Community

Service) (10

days if .20^ or

20 days if

.25^).

Third

Offense:

$2,000 -

10,000 fine

and 10 days

(up to 1 year or

30 days

Community

Service) (15

days if .20^ or

25 days if

.25^).

Possibly a Crime

Involving Moral


was done while the



driver’s license.




15

Driving While

Intoxicated –

Under 21

DRIVING WHILE

INTOXICATED - UNDER 21:

did operate or was in physical

control of a vehicle while under

21 years-of-age, while his/her

blood, breath or urine contained a

measurable amount of alcohol, in


2201.05 (b) (1) (2002 Supp.).

First Offense:

$300 and 90

days (5 days if

.20^ or 10 days

if .25^).

Second

Offense:

$1,000-5,000

fine and 5 days

(up to 1 year or

30 days

Community

Service) (10

days if .20^ or

20 days if

.25^).

Third

Offense:

$2,000 -

10,000 fine

and 10 days

(up to 1 year or

30 days

Community

Service) (15

days if .20^ or

25 days if

.25^).

Possibly a Crime

Involving Moral


was done while the



driver’s license.




16

Employment of

Minors EMPLOYMENT OF MINORS: did employ, permit, or suffer to

work, a minor under 14 years of

age in connection with a gainful

occupation, not including

housework performed outside of

school hours in the hours in the

home of the minor’s parent or

legal guardian or agricultural work

performed outside of school hours

in connection with the minor’s

own home and directly for the

minor’s parent of legal guardian or

distribution of newspapers outside

of school hours if the minor is over

10 years of age, in violation of

D.C. Code §32-201 (2001), for

which a penalty is provided in

D.C. Code §32-313(b)(2001).

First Offense:

$1,000 -

$3,000 and/or

10-30 days

Second

Offense: $3,000 -

$5,000 and/or

30-90 days

Domestic Violence

Offense – any offense



criminally negligent act

or omission that

constitutes maltreatment

of a child or that impairs

a child’s physical or

mental well-being,

including sexual abuse or

exploitation. See Matter

of Velazquez-Herrera, 24

I&N 503, 512 (BIA

2008).

Failure to Make

Report - Sexual

Abuse

FAILURE TO MAKE

REPORT: did willfully fail to

make an immediate report to the

Metropolitan Police Department

or the Child and Family Services

Agency when s/he knew or had

reasonable cause to suspect that a

child known to him or her in his

or her professional or official

capacity has been or is in

immediate danger of being the

victim of sexual abuse or

attempted sexual abuse prohibited

by D.C. Code § 22-3001 et.seq.,

in violation of D.C. Code § 4-

1321.02 (e) (2007 supp.) for


D.C. Code § 4-1321.07 (2001).

$100 and/or 30

days Domestic Violence

Offense – any offense











Herrera, 24 I&N 503, 512

(BIA 2008).




17

False Police

Report FALSE REPORT TO POLICE:

did willfully or knowingly make

or caused to be made,

communicate or cause to be

communicated, to the

Metropolitan Police force, or to an

officer or member thereof, a false

or fictitious report of the

commission of a criminal offense

within the District of Columbia,

or of any other matter or

occurrence of which the

Metropolitan Police force is

required to receive reports, or in

connection with which the

Metropolitan Police force is

required to conduct an

investigation, in violation of D.C.

Code § 5-117.05 (2001).

$300 or 30

days Possibly a Crime

Involving Moral




course of conduct.

False

Representation to

DC government

FALSE REPRESENTATION:

did make or present to an officer

or employee of the District of

Columbia government, or to a

department or agency thereof, a

claim upon or against the District

of Columbia, or a department of

agency thereof, knowing such

claim to be false, fictitious, or

fraudulent, in violation of D.C.

Code § 2-308.21 (2001).

$100,000 and 1

year Possibly a Crime

Involving Moral




course of conduct.

Aggravated Felony if a

sentence of at least one

year is imposed.

Fleeing – Felony FLEEING - FELONY: did

knowingly fail or refuse to bring a

motor vehicle to an immediate

stop, or flee or attempt to elude a

law enforcement officer,

following a law enforcement

officer’s signal to bring the motor

vehicle to a stop, and while doing

so, operated the motor vehicle in a

reckless manner or caused

property damage or bodily injury,


2201.05b (b) (1), (2) (2001).

$5,000 and/or

5 years Crime Involving Moral

Turpitude.

An aggravated Felony if a

sentence of at least one

year or more is imposed.




18

Fleeing –

Misdemeanor FLEEING - MISDEMEANOR:

did knowingly fail or refuse to

bring a motor vehicle to an

immediate stop, or flee or attempt

to elude a law enforcement

officer, following a law

enforcement officer’s signal to

bring the motor vehicle to a stop,


2201.05b (b) (1) (2001).

$1,000 and/or

180 days Crime Involving Moral


has another conviction of

a Crime Involving Moral

Turpitude if the conduct

does not arise out of a

single scheme or course of

conduct.

Gambling GAMBLING: did participate in a

game of chance for money or

property with dice, cards, or any

gambling table or other gambling

device adopted, devised, and

designed for the purpose of

playing any game of chance for

money or property upon any

public property or highway, or

upon any vacant or unoccupied

property that is so near to a public

highway that it is seen or heard

from the highway, in violation of

19 DCMR § 1309.1 (1996), for

which a penalty is provided in 19

DCMR § 1309.2 (1996).

Various gambling crimes

are considered violations

of regulatory statutes, but

are not considered Crimes

Involving Moral



719 (BIA 1964).

Improper Tags IMPROPER TAGS: did operate,

or cause to be operated, a motor

vehicle which displays, on the

front or rear thereof, a tag or plate

issued by the District, federal,

state, territorial or foreign

government, or any agency or

political subdivision thereof as

evidence of the registration of

such vehicle, when the

registration has expired, in




(1995).

$300 and/or 10






719 (BIA 1964).




19

Incommoding -

Disorderly

Conduct


INCOMMODING: did, with the




might be occasioned thereby,

congregate with others on a public

street and refuse to move on when

ordered by the police, in violation

of D.C. Code § 22-1321 (2)


provided in D.C. Code § 22-1321

(2001).

$250 and/or

90 days





course of conduct.

Incommoding -

Unlawful

Assembly

INCOMMODING -

UNLAWFUL ASSEMBLY: did

congregate and assemble in any

street, avenue, alley, road, or

highway, or in or around any

public building or enclosure, or

any park or reservation, or at the

entrance of any private building or

enclosure, and crowd, obstruct, or

incommode, the free use of any

such street, avenue, alley, road,

highway, or any of the foot

pavements thereof, or the free

entrance into any public or private

building or enclosure, in violation

of D.C. Code § 22-1307 (2001).

$250 and/or

90 days





course of conduct.

Indecent

Exposure - Adult INDECENT EXPOSURE -

ADULT: did make an obscene or

indecent exposure of his/her

person, in violation of D.C. Code

§ 22-1312 (a) (2001).

$300 days

and/or 90 days

Possibly a Crime

Involving Moral




course of conduct.




20

Indecent

Exposure - Minor INDECENT EXPOSURE -

MINOR: did make an obscene or

indecent exposure of his/her

person, in the presence of a child

under the age of sixteen years, in


(a) (2001), for which a penalty is


(b) (2001).

$1,000 and/or

1 year


Turpitude.

Domestic Violence












Herrera, 24 I&N 503, 512

(BIA 2008).

Indecent Sexual

Proposal - Adult INDECENT SEXUAL

PROPOSAL - ADULT: did

make a lewd, obscene, or indecent

sexual proposal, in violation of

D.C. Code § 22-1312 (a) (2001).

$300 days

and/or 90 days

Possibly a Crime

Involving Moral




course of conduct.

Indecent Sexual

Proposal - Minor INDECENT SEXUAL

PROPOSAL - MINOR: did

make a lewd, obscene, or indecent

sexual proposal, in the presence of

a child under the age of sixteen

years, in violation of D.C. Code §

22-1312 (a) (2001), for which a


§ 22-1312 (b) (2001).

$1,000 and/or

1 year


Turpitude

Domestic Violence












Herrera, 24 I&N 503, 512

(BIA 2008).




21

Intoxication INTOXICATION: was

intoxicated and did endanger the

safety of himself, herself, or any

other person or property, in


1001(c), for which a penalty is

provided in D. C. Code § 25-

1001(d) (2001).

$500 and/or

90 days

Possibly a Crime

Involving Moral


has a conviction for



course of conduct.

No Permit NO PERMIT: did operate a

motor vehicle without having first

obtained a permit to do so, in


1401.01 (d) (2001).

$300 and/or

90 days






719 (BIA 1964).

No Permit –

Commercial NO PERMIT –

COMMERCIAL: being

domiciled in the District of

Columbia, did operate a

commercial motor vehicle without

first obtaining a commercial

driver’s license, in violation of

D.C. Code § 50-403 (a) (2001),


D.C. Code § 50-405 (b) (2001).

First Offense:

$100 and/or 6

months

Second

Offense: $500 and/or

not less than 6

and not more

than 9 months

Third

Offense: $1,000 and/or

not less than 9

months and

not more than

1 year.






719 (BIA 1964).

No Tags OPERATING WITHOUT

IDENTIFICATION TAGS: did

operate a motor vehicle or trailer

without having attached thereto

and displayed thereon the required

identification tags, in violation of

D.C. Code § 50-1501.04 (a) (1)

(B) (2001), for which a penalty is

provided in D.C. Code § 50-

1501.04 (b) (2001).

$1,000 and/or

30 days






719 (BIA 1964).




22

Obtaining Permit

by

Misrepresentation

OBTAIN PERMIT BY

MISREPRESENTATION: did

obtain, attempt to obtain, or aid,

assist or attempt to assist another

person to obtain a motor vehicle

license by misrepresentation, in

violation of 18 DCMR §1110.2

(1995).



Serna, 20 I&N Dec. 579

(BIA 1992).

Operating After

Revocation OPERATING AFTER

REVOCATION: did operate a

motor vehicle during the period

for which his/her operator’s

license or right to operate was

revoked, in violation of D.C.

Code § 50-1403.01 (e) (2001).

$5,000 and/or

1 year






719 (BIA 1964).

Operating After

Suspension OPERATING AFTER

SUSPENSION: did operate a

motor vehicle during the period

for which his/her operator's

license or right to operate was

suspended, in violation of D.C.

Code § 50-1403.01 (e) (2001).

$5,000

and/or1 year






719 (BIA 1964).




23

Operating While

Impaired OPERATING WHILE

IMPAIRED: did operate or was

in physical control of a vehicle

while his/her ability to operate a

vehicle was impaired by the

consumption of intoxicating

liquor, in violation of D.C. Code

§50-2201.05 (b) (2) (2001).

First Offense:

Not less than

$200 and not

more than

$300

Second

Offense:

within 15

years of the

first offense- not less than

$300 and not

more than

$500 with not

less than 5

days and not

more than 1

year with 30

days of

community

service

Third

Offense:

within 15

years of the

second

offense – not

less than

$1,000 and

not more than

$5,000 and

not less than

10 days and

not more than

1year with 60

days of

community

service.






719 (BIA 1964).

Possibly a Crime

Involving Moral


was done while the



driver’s license.




24

Peddling Drugs PEDDLING DRUGS: did sell or

offer for sale by peddling, or offer

for sale from house to house, or

offer for sale by public outcry, or

by vending in the street, any drug,

medicine, chemical, or controlled

substance, or any compound or

combination thereof, in violation

of D.C. Code § 47-2885.17



2885.20 (2001).

$500 and/or 6

months

Drug Offense

Possession of BB

Gun POSSESSION OF BB GUN: did

have in his/her possession outside

a building an air rifle, air gun, air

pistol, BB gun, spring gun, blow

gun, bow gun, or any similar type

gun, in violation of 24 DCMR §

2301.3 (1995), for which, a

penalty is provided in 24 DCMR

§ 100.6 (1995).

$300 fine only Not a Firearms offenses

because the Firearms

Offense category does not

encompass imitation

firearms and air pistols.

Possession of

Destructive

Device

POSSESSION OF

DESTRUCTIVE DEVICE: did

possess or control a destructive

device without a valid registration

certificate, in violation of D.C.

Code § 7-2502.01 (a) (2001) and

D.C. Code § 7-2501.01 (7)



2507.06 (2001).

$1,000 and/or

1 year

Firearms Offense.




25

Unlawful Sales

and Transfers of

Firearms or

Destructive

Device to a Minor

UNLAWFUL SALE OR

TRANSFER OF FIREARM OR

DESTRUCTIVE DEVICE: did

sell, transfer or otherwise dispose

of a firearm or a destructive

device in violation of D.C. Code §

7-2505.01 (2001), for which a


§ 7-2507.06 (2001).

$10,000

and/or 10

years

Firearms Offense.

Domestic Violence












Herrera, 24 I&N 503, 512

(BIA 2008).

Possession of

Open Container

of Alcohol

POSSESSION OF OPEN

CONTAINER OF ALCOHOL:

did possess an alcoholic beverage,

in an open container, in or upon a

street, alley, park, sidewalk, or


Code § 25-1001 (a) (1) (2001), for


D.C. Code § 25-1001 (d) (2001).

$500 and/or

90 days






719 (BIA 1964).

Possession of

Open Container

of Alcohol –

Vehicle

POSSESSION OF AN OPEN

CONTAINER OF ALCOHOL -

VEHICLE: did possess an

alcoholic beverage, in an open

container, in a vehicle, in or upon

a street, an alley, a park, or a


Code § 25-1001 (a) (2) (2001), for


D.C. Code § 25-1001 (d) (2001).

$500 and/or

90 days






719 (BIA 1964).




26

Engaging in

Prostitution or

Soliciting for

Prostitution

ENGAGING IN

PROSTITUTION OR

SOLICITING FOR

PROSTITUTION: did engage in

prostitution or to solicit for

prostitution.

First Offense:

$500 and/or

90 days

Second

Offense:

$750 and/or

135 days

Third

Offense:

$1,000 and/or

180 days






course of conduct.

Prostitution Free

Zone PROSTITUTION FREE ZONE

VIOLATION: did congregate in

a group of 2 or more persons on

public space or public property

within the perimeter of a

prostitution free zone and did

thereafter fail to disperse after

being instructed to disperse by a

uniformed officer, or a non-

uniformed officer upon display of

identification, who reasonably

believes the person is

congregating for the purpose of

engaging in prostitution or

prostitution-related offenses, in

violation of D.C. Code §22-2731

(2007).

$300 and/or 6

months






course of conduct.




27

Providing

Alcohol to a

Minor

PROVIDING ALCOHOL TO A

MINOR: did, being an ABC

licensee or designee thereof, offer,

give, provide, or otherwise make

available an alcoholic beverage to

a person who is under twenty-one

years of age, in violation of D.C.

Code §25-785 (b) (2001), for


D.C. Code § 25-785 (c) (2001).

First Offense:

$1,000 and/or

180 days

Second

Offense:

within 2 years

of the first

offense -

$2,500 and/or

180 days

Third

Offense:

within 2 years

of the second

offense -

$5,000 and/or

1 year.

Possibly a Domestic

Violence Offense - any

offense involving the

intentional, knowing,

reckless, or criminally

negligent act or omission

that constitutes





abuse or exploitation if the

under aged person is also

a minor. See Matter of

Velazquez-Herrera, 24

I&N 503, 512 (BIA 2008).

Purchasing

Alcohol for a

Minor

PURCHASING ALCOHOL

FOR A MINOR: did, without an

ABC license, purchase an

alcoholic beverage for the purpose

of delivering the alcoholic

beverage to a person who is under

twenty-one years of age, in


(a) (2001), for which a penalty is


(c) (2001).

First Offense:

$1,000 and/or

180 days

Second

Offense:

within 2 years

of the first

offense -

$2,500 and/or

180 days

Third

Offense:

within 2 years

of the second

offense -

$5,000 and/or

1 year.

Possibly a Domestic






that constitutes






underage person is also a

minor. See Matter of


I&N 503, 512 (BIA 2008).




28

Reckless Driving RECKLESS DRIVING: did

operate a vehicle upon a highway

carelessly and heedlessly in

willful or wanton disregard of the

rights or safety of others, or

without due caution and

circumspection and at a speed or

in a manner so as to endanger or

be likely to endanger any person

or property, in violation of D.C.

Code § 50-2201.04 (b) (2001), for


D.C. Code § 50-2201.04 (c)

(2001).

First Offense:

$500 and/or 3

months

Second

Offense:

within 2 years

of the first

offense -

$1,000 and/or

1 year

Third

Offense:

within 2 years

of the first

offense -

$3,000 and/or

1 year.



has a previous conviction

for a Crime Involving

Moral Turpitude not

arising out of the same

scheme or course of

conduct.


Turpitude for Second and

subsequent offenses.

Sell/Deliver

Alcohol to a

Minor

SELL/DELIVER ALCOHOL

TO A MINOR: did sell or deliver

an alcoholic beverage to a person

under twenty-one years of age, in


(a) (1) (2001), for which a penalty

is provided in D.C. Code § 25-785

(c) (2001).

First Offense:

$1,000 and/or

180 days

Second

Offense:

within 2 years

of the first

offense -

$2,500 and/or

180 days

Third

Offense:

within 2 years

of the

previous

offense -

$5,000 and/or

1 year.

Possibly a Domestic






that constitutes






underage person is also a

minor. See Matter of


I&N 503, 512 (BIA 2008).




29

Soliciting –

Ticket Sales SOLICITING – TICKET

SALES: did sell or offer to sell

tickets from the sidewalk, street,

or public space in the District of

Columbia for an excursion,

theatrical performance, opera, ball

game, or any other entertainment,

in violation of 24 DCMR § 500.5



(1995).

Unlawful

Possession of

Ammunition

UNLAWFUL POSSESSION

OF AMMUNITION: did possess

ammunition without being the

holder of a valid registration

certificate for a firearm of the

same gauge or caliber, in violation

of D.C. Code § 7-2506.01 (2001),


D.C. Code § 7-2507.06 (2001).

$1,000 and/or

1 year

Not a Firearms Offense

for Immigration Purposes.

Unregistered

Firearm POSSESSION OF

UNREGISTERED FIREARM:

did possess or control a firearm

without holding a valid

registration certificate for the

firearm, in violation of D.C. Code

§ 7-2502.01 (a) (2001), for which

a penalty is provided in D.C.

Code § 7-2507.06 (2001).

$1,000 and/or

1 year

Firearms Offense.

Vendor -

Peddling Drug

Implements

VENDOR PEDDLING DRUG

IMPLEMENTS: being a vendor,

did sell drug paraphernalia, in

violation of 24 DCMR 515.20 (i)


provided in 24 DCMR 100.6

(1995).

$300 fine only Drug Offense.




30

Welfare Fraud –

Fraud in

Obtaining Public

Assistance

WELFARE FRAUD – FALSE

STATEMENT: did, with the

intent to defraud and by means of

a false statement to the District of

Columbia, Department of Human

Services, obtain or attempt to

obtain a grant or payment of

public assistance to which he/she

was not entitled, or a larger

amount of public assistance than

that to which he/she was entitled,


218.01 (a) (2001).

$500 and/or 1

year


Turpitude.

Welfare Fraud –

Food Stamp

Violation

WELFARE FRAUD – FOOD

STAMP VIOLATION: did

knowingly use, transfer, acquire

and/or possess food stamp

coupons or an access device in a

manner not authorized by the

Food Stamp Act of 1964, or by

any regulation issued pursuant to

that Act, in violation of D.C. Code

§4-218.05(a)(2001).

$500 and/or 1

year

Crime Involved Moral

Turpitude

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