Criminal Defense of Immigrants


§ 11.16 E. Reduction of Misdemeanor to Infraction

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A reduction of a felony to a misdemeanor can be regarded as a post-conviction order modifying sentence.  As such, the most recent sentence (i.e., the reduced level of the offense), is binding on the immigration courts.  See § 11.10, supra.  An infraction is not considered under immigration law to be a misdemeanor, because there is no jail sentence possible for the offense.  It is also not considered to be a conviction for a “crime,” and therefore cannot trigger conviction-based immigration consequences.  See § 7.24, supra.