Safe Havens

A conviction may be considered a misdemeanor under different circumstances.  First, a state may label a conviction as a misdemeanor under its own definition, which is not necessarily binding upon the federal immigration courts.  Second, a conviction labeled by the state as a misdemeanor may have a maximum possible sentence that qualifies it as a felony under the federal definition.  See § 5.48, supra.  Third, a conviction labeled by the state as a felony may have a maximum possible sentence of one year or less, and thus qualify as a misdemeanor under the federal definition of felony.

            To determine the immigration effects of a given conviction, it is necessary to ascertain (a) what is the label of the level of the offense applied by the state of conviction, and (b) what is the maximum possible length of incarceration that a court may impose as a sentence for the offense of conviction.