The Immigration and Naturalization Act defines a “sentence” as:

Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.

This statutory definition was provided by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and applies to “sentences entered before, on, or after the date of enactment” of IIRIRA.

• This language refers to the sentence actually imposed, not to a potential sentence.

• It does not include the period of probation or parole;

• It includes the entire sentence imposed even if all or part of the execution of theimposition of suspension is suspended, it

• Time imposed by recidivist sentence enhancements (e.g., Felony Harassment under 9A.46.020(2)(b)(i) for “previously [having] been convicted in this or any⁸⁹

The time served after a probation or parole violation is included within the “sentence imposed.” ⁹⁰

⁸⁹ United States v. Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002)(en banc).

⁹⁰ See, e.g., United States v. Jimenez, 258 F.3d 1120 (9th Cir. 2001) (a defendant sentenced to 365 days probation who then violated the terms of his probation and was sentenced to two years imprisonment had been sentenced to more than one year for purposes of the definition of an aggravated felony).