Possession, use or being under the influence of or failure to make lawful disposition Third or fourth degree, or disorderly persons offense 2C:35-10(a

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Possession, use or being under the influence of or failure to make lawful disposition
Third or fourth degree, or disorderly persons offense 2C:35-10(a)

Would probably NOT be deemed a
“drug trafficking” AF under current
Third Circuit case law, unless
conviction is for possession of more
than 5g of cocaine base or any
amount of flunitrazepam, in which
case might be deemed “drug
trafficking” AF (see Gerbier v.
Holmes, 280 F.3d 297 (3d Cir.
2002), Steele v. Blackman, 236 F.3d
130 (3d Cir. 2001)). If later
removal hearing takes place outside
the Third Circuit, however,
conviction for possession of a
controlled substance as defined in 21
U.S.C. § 802, unless as a disorderly
persons offense, would probably be
deemed a “drug trafficking” AF (see
Yanez-Garcia, 23 I.& N. Dec. 390
(BIA 2002). Please see the note at
the end of this chart for a more
detailed discussion of the issues
raised by a conviction under this
section.
Would probably NOT
be considered a
CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com