(C)

S Visas.  IIRAIRA clarified that the ten-year group in the one-CMT removal ground refers to those noncitizens who obtained lawful permanent residence by providing substantial cooperation to law enforcement authorities and received “S” visas, commonly known as “snitch visas.”  Under former law, there were two provisions designated as INA § 245(i), 8 U.S.C. § 1255(i): the “snitch visa” adjustment provision and the current § 245(i) (allowing for adjustment with a fine for noncitizens who would otherwise be ineligible to adjust).  IIRAIRA changed the “snitch visa” adjustment provision to INA § 245(j) and changed the reference from § 245(i) to § 245(j) in the one crime of moral turpitude removal ground.[88]  See § 5.11(C), infra.

[88] INA § 237(a)(2)(A)(i)(I), 8 U. S. C. § 1227(a)(2)(A)(i)(I).

Ninth Circuit

CRIMES OF MORAL TURPITUDE " DEPORTATION GROUND " SENTENCE
Mendez-Mendez v. Mukasey, 525 F.3d 828 (9th Cir. 2008) (the plain language of the phrase, maximum penalty possible in INA 212(a)(2)(A)(ii)(II), 8 U.S.C. 1182(a)(2)(A)(ii)(II), refers to the statutory maximum, not the guideline range, so noncitizen was ineligible for the petty offense exception to inadmissibility for one CMT conviction, under INA 212(a)(2)(A)(ii)(II), 8 U.S.C. (a)(2)(A)(ii)(II)). Note: This result is different under state sentencing statutes that prohibit a sentence in excess of one year for a given offense, criminal history, or other circumstances. United States v. Simmons, __ F.3d __ (4th Cir. Aug. 17, 2011), overfuling United States v. Tlarp, 406 F.3d 242 (4th Cir. 2005).