Aggravated Felonies

(E)  Modifying a Sentence Under a State Rehabilitative Statute.  If a sentence is vacated or modified under a state rehabilitative statute, there is a risk that the immigration authorities might take the position that the order is ineffective to eliminate the original sentence, and thereby the immigration consequences.  See § 6.12, infra.  It is safest, therefore, to avoid modifying a troublesome sentence on this basis, if a safer or more effective alternative can be found.  The only exception to this rule is in the Ninth Circuit only (so far), and for certain first-offense minor controlled substances convictions, for which state, federal, or foreign rehabilitative relief is effective.  See § 6.14, infra.