Immigration: Is Amended Penal Code § 18.5 Retroactive?

Penal Code § 18.5 was recently amended to change the maximum confinement period for a misdemeanor to “not to exceed 364 days,” which has special significance in how an immigration court regards a sentence for removal or deportation purposes. Yet is the amended § 18.5 applicable to sentences ten years ago? The answer appears to be no, unfortunately, as the following summary of a recent appellate court decision explains. To read the summary, please click on the following link –

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