Immigration Law

BIA on Maximum Possible Sentence: Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018)

Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018)

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.”