Aggravated Felonies

Under certain circumstances, the sentencing court has jurisdiction to grant a motion to reduce a felony to a misdemeanor.  These motions may freely be granted at the discretion of the court, and they can therefore constitute powerful tools to reduce or eliminate certain adverse immigration consequences of criminal convictions and sentences.

A conviction that can be either a felony or a misdemeanor under state law remains a felony, if the original plea was to a felony, until it has been reduced to a misdemeanor by the court in which the conviction occurred.[282]

[282] United States v. Gomez-Hernandez, 300 F.3d 974 (8th Cir. Aug. 28, 2002); United States v. Robinson, 967 F.2d 287, 293 (9th Cir. 1992) (where a defendant is convicted of an alternative “felony-misdemeanor” or “wobbler,” the alternative sentence ultimately executed is the one to be used in federal sentencing guidelines calculations).