2. Reading the Chart
Columns one and two indicate the code section and title of the RCW offense.
The analysis under columns three, four and five is broken down into five possible
classifications:
1. YES—The immigration statute and/or caselaw clearly deem this offense to constitute
an aggravated felony or crime of moral turpitude and/or whatever additional
grounds are identified under column 5.
2. LIKELY—The immigration statute and/or caselaw may not be directly on point or
clearly indicate that this offense is an aggravated felony, crime of moral turpitude,
etc. However, analyzed in the context of relevant immigration caselaw, the offense
is likely to be deemed as such by INS and/or the immigration courts.
3. POSSIBLE—The immigration statute and/or caselaw are unclear as to whether this
offense would constitute an aggravated felony, crime of moral turpitude, etc., and
there are unresolved legal issues both for and against such classification. Such a
designation may be avoidable, depending upon such factors as how defense counsel
structures a plea agreement or which particular prong of the offense defendant is
convicted under.
4. NOT LIKELY—The immigration statute and/or caselaw may not be directly on point
or clearly indicate that this offense is not an aggravated felony, crime of moral
turpitude, etc. However, analyzed in the context of relevant immigration caselaw,
the offense is not likely to be deemed as such by INS and/or immigration courts.
5. NO—The statute and/or caselaw clearly indicate that this offense is not an
aggravated felony, crime of moral turpitude, etc.