https://www.justice.gov/eoir/page/file/1098611/download
Matter of VELASQUEZ-RIOS, 27 I&N Dec. 470 (BIA 2018)
BIA HEADNOTE:
The amendment to section 18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for an alien’s State offense from 365 days to 364 days, does not affect the applicability of section 237(a)(2)(A)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(i)(II) (2012), to a past conviction for a crime involving moral turpitude “for which a sentence of one year or longer may be imposed.”
PANEL: BIA APPELLATE IMMIGRATION JUDGES GUENDELSBERGER, MALPHRUS, and LIEBOWITZ
OPINION BY: Judge John Guendelsberger
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Criminal lawyers take note: This Respondent received a sentence of only 12 days in jail! A great deal, right? Not if you look at the immigration consequences! Also, given the change of removability, he would be subject to “mandatory detention.” Therefore, I’m sure that he spent far more than 12 days in ICE custody awaiting this unfavorable result.
PWS
10-07-18