Criminal Defense of Immigrants



 
 

§ 10.76 (C)

 
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(C)  Petty Offense Exception to One CMT Ground of Admissibility.  A conviction for an offense for which “the maximum penalty possible . . . did not exceed imprisonment for one year . . . .” will disqualify a noncitizen from obtaining the “Petty Offense Exception” to inadmissibility for one CMT conviction.[319]  See § 20.29, infra.

 


[319] See INA § 212(a)(2)(A)(ii), 8 U.S.C. § 1182(a)(2)(A)(ii).

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SENTENCE " SENTENCE IMPOSED " MAXIMUM SENTENCE
Several states have reduced the maximum sentence for misdemeanor offenses to 364 days. They include at least California, Nevada, New Mexico, and Washington. E.g., California Penal Code 18.5 (effective Jan. 1, 2014).

 

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