8 C.F.R. 244.1 provides: As used in this Part [relating to Temporary Protected Status]: Felony means a crime committed in the United States, punishable by imprisonment for a term of more than one year, regardless of the term such alien actually served, if any, except: When the offense is defined by the State as a misdemeanor and the sentence actually imposed is one year or less regardless of the term such alien actually served. Under this exception for purposes of section 244 of the Act, the crime shall be treated as a misdemeanor. . . . Misdemeanor means a crime committed in the United States, either:
(1) Punishable by imprisonment for a term of one year or less,
regardless of the term such alien actually served, if any, or
(2) A crime treated as a misdemeanor under the term ``felony'' of
this section.
For purposes of this definition, any crime punishable by
imprisonment for a maximum term of five days or less shall not be considered a felony or misdemeanor.
It may be possible to use this definition, for its persuasive value, in other contexts, such as the question whether a state conviction for possession of a controlled substance constitutes an aggravated felony, under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), or whether a conviction constitutes a felony for purposes of constituting an aggravated felony crime of violence within the meaning of 18 U.S.C. 16(b). In addition, other forms of relief may depend on whether a conviction constitutes a misdemeanor or not. For example, the IRCA Legalization program is barred if a person has three misdemeanor convictions. A conviction with a maximum sentence of five days or less, such as a conviction considered a misdemeanor under California state law of possession of under one ounce of marijuana, in violation of Health & Safety Code 11357(b), which cannot be punished by any time in custody, would not be considered a misdemeanor under this definition.