(E)  Sentence Enhancements Affecting Sentences Ordered. Certain immigration consequences are triggered by a conviction for which the court orders a certain sentence.  See § 10.65, infra.  Where the sentence imposed exceeds the statutory maximum because of a sentence enhancement, the sentence imposed in excess of the statutory maximum may be considered part of the “sentence imposed” for immigration purposes if the enhancement is conduct-based.  This is not true, at least in the Ninth Circuit, of recidivist enhancements.  See § 10.58, infra.

CATEGORICAL ANALYSIS " ELEMENT " DEFINITION
Alleyne v. United States, __ S.Ct. __ (2013) (any fact that increases the mandatory minimum is an "element" that must be submitted to the jury, rather than the judge).

BIA

CONVICTION " NATURE OF OFFENSE " ELEMENTS OF OFFENSE " SENTENCE ENHANCEMENT " MILITARY CONVICTION
Matter of Chavez-Alvarez, 26 I. & N. Dec. 274 (BIA Mar. 14, 2014) (an sentencing enhancement element listed in a specification in the Manual for Courts-Martial, that must be pled and proved beyond a reasonable doubt, is the functional equivalent of an element of a criminal offense for immigration purposes).

Lower Courts of Ninth Circuit

CAL POST CON - WOBBLER - SENTENCE ENHANCEMENT
People v. Feyrer, 151 Cal.App.4th 506 (Cal.App. 2 Dist. May 29, 2007) (trial court may reduce a felony "wobbler" offense to a misdemeanor despite the admission of an enhancement that a defendant inflicted great bodily injury in the commission of the offense).