Does a defendant have to plead guilty to a "aggravated felony" under federal immigration law?
California, United States of America
The following excerpt is from People v. Garcia, E070383 (Cal. App. 2019):
Here, the law was and is clear that defendant's plea would subject him to mandatory removal. Defendant pled guilty to an "aggravated felony" under federal immigration law, namely, "illicit trafficking in a controlled substance." (See 8 U.S.C. 1101(a)(43)(B).) "[A] noncitizen convicted of such an offense is subject to mandatory deportation." (Lee v. United States, supra, ___ U.S. at p. ___ [137 S.Ct. at p. 1963], citing
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