Tooby's California Post-Conviction Relief for Immigrants

(B)

Reduction Of Felony To Misdemeanor, And Misdemeanor To Infraction.  Under Penal Code § 17(b)(3), a judge can reduce convictions of "wobblers" (offenses that could have been sentenced as either felonies or misdemeanors) from felonies to misdemeanors, if imposition of sentence was suspended.  Under Penal Code § 17(d), a judge can reduce certain common misdemeanors to infractions.  These motions are useful to avoid a one felony or two/three misdemeanors bar, which exists in programs such as amnesty, Family Unity, and TPS, and may avoid aggravated felony status for certain "crimes of violence."[19]

            If a motion to reduce the state felony to a misdemeanor is granted, then the conviction no longer constitutes a felony under immigration law.[20]

[19]  See Chap. 9, infra; Brady, § § 8.49‑8.50.

[20] See Chapter 9, infra; LaFarga v. INS,170 F.3d 1213  (9th Cir. 1999); Brady, § 8.49.