Safe Havens

(A)  Definition of Level of Offense.  The level of an offense of conviction, i.e., whether it is a felony, a misdemeanor, or a lesser offense such as an infraction or violation, can form a part of several grounds of deportation.  It is thus necessary to determine whether an existing conviction is a felony, misdemeanor, or lesser offense in order to determine whether it triggers deportation.  In addition, it may be necessary to select an offense of conviction, or negotiate the level of an offense of conviction, in order to ensure that it does not constitute a felony to avoid certain grounds of deportation, or a misdemeanor to avoid other grounds of deportation.