Aggravated Felonies

(B)  Three Factors Determine Whether a Conviction is a Felony.  There are three factors that can contribute to the conclusion that a conviction is a felony conviction: (1) whether the convicting jurisdiction labels the conviction a felony or misdemeanor; (2) the maximum sentence to custody possible for the conviction under the law of the convicting jurisdiction; and (3) the level of the offense if it had been prosecuted in federal court (“hypothetical federal prosecution test”).  See § 3.57, supra.