Safe Havens

(C)  Reduction of Level of Offense.  In some states, such as Arizona and California, the court may under certain circumstances reduce the level of the offense from a felony to a misdemeanor, or from a misdemeanor to an infraction.[117]  This reduction will have the effect of eliminating the greater level of the conviction for immigration purposes.[118]  In looking for a safe haven, it may be important to identify offenses of conviction, or to select offenses of conviction, so that the conviction may be reduced from felony to misdemeanor, or from misdemeanor to infraction, either at the time of plea or sentence, or thereafter upon successful completion of probation, in order to avoid a ground of deportation. 

[117] See N. Tooby, Post-Conviction Relief for Immigrants § § 7.120 et seq. (2004).

[118] LaFarga v. INS, 170 F.3d 1213, 1215 (9th Cir. 1999) (Arizona state court designation of a wobbler offense as a misdemeanor was held binding on the BIA for  purpose of applying petty offense exception).