Criminal Defense of Immigrants


§ 20.34 B. Sentence Requirement

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There are two different versions of the statute defining the one-CMT ground of deportation.  The date of initiation of deportation or removal proceedings determines which version applies in a given case. 


For proceedings initiated prior to April 24, 1996, a sentence of one year or more must have been imposed in order to trigger the one-CMT ground of deportation. See § 20.36infra. 

For removal cases initiated on or after April 24, 1996, AEDPA provided that a conviction of a CMT with a possible sentence of one year or more was sufficient to trigger deportation. See § 20.35infra.