Safe Havens

(G)  Warning.  Note that in California, and perhaps other states, there is an alternative hazardous waste violation expressly tied to waste resulting from manufacture of controlled substances.[119]  This disposition is not safe.  It constitutes a conviction “related to” a controlled substance, triggering deportation.[120]  It may also constitute a drug trafficking aggravated felony,[121] or even a crime involving moral turpitude.[122]  It is important to select an offense that has no express connection with controlled substances or drug manufacturing in order to be a safe haven.

[119] See, e.g. California Health & Safety Code § 11374.5.

[120] INA § 237 (a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i).

[121] INA § 101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B).

[122] Cf. Matter of Khourn, 21 I. & N. Dec. 1041 (BIA 1997) (distribution of a controlled substance is a crime of moral turpitude where knowledge or intent is element of the offense).