Tooby's California Post-Conviction Relief for Immigrants

(B)

Effects of Reduction of Felony to Misdemeanor.  An order reducing a felony to a misdemeanor can help an immigrant qualify for the petty offense exception in two ways. 

            (1)  First, a reduction will reduce the maximum possible sentence from three years state prison, to one year in the county jail.[19]  The Ninth Circuit has held this reduction is binding on the immigration authorities.[20]

            (2)  A reduction will also reduce the sentence actually imposed to the new maximum sentence. 

[19] Penal Code § 19.2 (maximum commitment for misdemeanor is one year).

[20] Garcia-Lopez v. Ashcroft, 334 F.3d 840 (9th Cir. June 26, 2003)