Safe Havens

(B)  Grounds of Deportation Affected by Level of Offense.  A conviction of certain offenses can trigger deportation only if it constitutes a felony conviction:

(a)     If a conviction is a misdemeanor, rather than a felony, it cannot qualify under 18 U.S.C. § 16(b), as an aggravated felony crime of violence.  See § 5.48, infra. [115]

(b)    If a state conviction for possession of a controlled substance is a misdemeanor, rather than a felony, it cannot qualify as an aggravated felony under Prong II of INA § 101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B) as a drug trafficking offense as defined in 18 U.S.C. § 924(c) under BIA decisions and the law of many circuits, except the Second, Third, and Ninth Circuits.  See § 5.49, infra. [116]

            (4)  A conviction of certain minor offenses is not considered to be a conviction for a crime, and thus cannot trigger deportation under any ground of deportation that requires a conviction.  See § § 4.9 et seq., supra.

[115] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F).

[116] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F).