Aggravated Felonies

(B)  Felony/Misdemeanor Distinction.  The state’s designation of whether an offense is a felony or a misdemeanor is binding upon the immigration authorities for purposes of determining the maximum possible sentence for the offense.[381]  However, not all states draw the line between felony and misdemeanor in the same manner.  Therefore whether a conviction should be treated as a felony for immigration purposes, may depend upon federal law.[382] 

[381] Garcia-Lopez v. Ashcroft, 334 F.3d 840 (9th Cir. June 26, 2003) (California state criminal judge decides whether to punish alternate felony/misdemeanor [wobbler] offenses as a felony or misdemeanor).

[382] See § § 3.57-3.60, supra.