11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison.
Cite as 23 I&N Dec.175 (BIA 2001) Interim Decision #3456 1 Board Members Frederick D. Hess and Roger Pauley did not participate in the decision in this case. 175 In re Cresencio Heriberto MARTINEZ-RECINOS, Respondent File A92 116 087 - Eloy Decided October 15, 2001 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A conviction for perjury in violation of section 118(a) of the California Penal Code constitutes a conviction for an aggravated felony under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). FOR RESPONDENT: Robert F. Jacobs, Esquire, Santa Ana, California FOR THE IMMIGRATION AND NATURALIZATION SERVICE: Martin C. Magat, Assistant District Counsel BEFORE: Board En Banc: SCIALABBA, Acting Chairman; DUNNE, Vice Chairman; SCHMIDT, HOLMES, HURWITZ, VILLAGELIU, FILPPU, COLE, GUENDELSBERGER, MATHON, ROSENBERG, JONES, GRANT, MOSCATO, MILLER, BRENNAN, ESPENOZA, OSUNA, and OHLSON, Board Members.1 BRENNAN, Board Member: In a decision dated May 17, 2000, an Immigration Judge found the respondent removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (Supp. V 1999), as an alien convicted of an aggravated felony under section 101(a)(43)(S) of the Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). The Immigration Judge concluded that the respondent is ineligible for any relief from removal as a result of his aggravated felony conviction. The respondent has appealed from that decision. The appeal will be dismissed. I. FACTUAL BACKGROUND The respondent is a native and citizen of El Salvador who adjusted his status to that of a lawful permanent resident on February 6, 1990. On December 17, 1998, he was convicted, in the Superior Court of California for Orange County Cite as 23 I&N Dec.175 (BIA 2001) Interim Decision #3456 1 Board Members Frederick D. Hess and Roger Pauley did not participate in the decision in this case. 175 In re Cresencio Heriberto MARTINEZ-RECINOS, Respondent File A92 116 087 - Eloy Decided October 15, 2001 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A conviction for perjury in violation of section 118(a) of the California Penal Code constitutes a conviction for an aggravated felony under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). FOR RESPONDENT: Robert F. Jacobs, Esquire, Santa Ana, California FOR THE IMMIGRATION AND NATURALIZATION SERVICE: Martin C. Magat, Assistant District Counsel BEFORE: Board En Banc: SCIALABBA, Acting Chairman; DUNNE, Vice Chairman; SCHMIDT, HOLMES, HURWITZ, VILLAGELIU, FILPPU, COLE, GUENDELSBERGER, MATHON, ROSENBERG, JONES, GRANT, MOSCATO, MILLER, BRENNAN, ESPENOZA, OSUNA, and OHLSON, Board Members.1 BRENNAN, Board Member: In a decision dated May 17, 2000, an Immigration Judge found the respondent removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (Supp. V 1999), as an alien convicted of an aggravated felony under section 101(a)(43)(S) of the Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). The Immigration Judge concluded that the respondent is ineligible for any relief from removal as a result of his aggravated felony conviction. The respondent has appealed from that decision. The appeal will be dismissed. I. FACTUAL BACKGROUND The respondent is a native and citizen of El Salvador who adjusted his status to that of a lawful permanent resident on February 6, 1990. On December 17, 1998, he was convicted, in the Superior Court of California for Orange County Cite as 23 I&N Dec.175 (BIA 2001) Interim Decision #3456 1 Board Members Frederick D. Hess and Roger Pauley did not participate in the decision in this case. 175 In re Cresencio Heriberto MARTINEZ-RECINOS, Respondent File A92 116 087 - Eloy Decided October 15, 2001 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A conviction for perjury in violation of section 118(a) of the California Penal Code constitutes a conviction for an aggravated felony under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). FOR RESPONDENT: Robert F. Jacobs, Esquire, Santa Ana, California FOR THE IMMIGRATION AND NATURALIZATION SERVICE: Martin C. Magat, Assistant District Counsel BEFORE: Board En Banc: SCIALABBA, Acting Chairman; DUNNE, Vice Chairman; SCHMIDT, HOLMES, HURWITZ, VILLAGELIU, FILPPU, COLE, GUENDELSBERGER, MATHON, ROSENBERG, JONES, GRANT, MOSCATO, MILLER, BRENNAN, ESPENOZA, OSUNA, and OHLSON, Board Members.1 BRENNAN, Board Member: In a decision dated May 17, 2000, an Immigration Judge found the respondent removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (Supp. V 1999), as an alien convicted of an aggravated felony under section 101(a)(43)(S) of the Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). The Immigration Judge concluded that the respondent is ineligible for any relief from removal as a result of his aggravated felony conviction. The respondent has appealed from that decision. The appeal will be dismissed. I. FACTUAL BACKGROUND The respondent is a native and citizen of El Salvador who adjusted his status to that of a lawful permanent resident on February 6, 1990. On December 17, 1998, he was convicted, in the Superior Court of California for Orange County
11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison.
Your most likely thinking H&S (Health and Safety) Code. This section involves possession of controlled substances such as opiates, Heroin, Cocain, Vicodin, etc... If you do not have prescription for pills its illegal to possess them. Jim
possession of a controlled substance while armed with a firearm
its a computer name
This is not a Penal Code.
Under the influence of a controlled substance.
Possession of a controlled substance.
The 11360 is transportation and sales of marijuana over an ounce. sentence ranges from 2,4,6 years in prison.
what is the penal code 186.22 (f)
what is penal code 14601.5
the penal code for 211 robbery i belive it 707 b
Rape in concert.
487d1
It doesn't exist!
There is no penal code 220.09 1 in CA. I have a list of penal codes and it doesn't exist. Check to see if you got the code correct.
Trespassing. http://law.onecle.com/California/penal/602.5.html
Trespassing. http://law.onecle.com/California/penal/602.5.html
It is the California Penal Code for battery.
its mostly about petty theft