It is important to note that a court cannot defy a clearly-established law. Under the INA, a crime must be punishable by imprisonment for a term "exceeding" one year in order to be considered a conviction of a "crime involving moral turpitude" (CIMT) or an aggravated felony. Anything to the contrary will lead to an absurd result and a blatant violation of the U.S. Constitution. Plus, it will damage the reputation of the appellate court, which suppose to play a more neutral role in removal proceedings under the INA because they are obviously not criminal proceedings. Congress has long stated in that "term does not include ... any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." This expressed language of Congress was in effect in 1988 (when the aggravated felony was coined for the first time) and is still in effect today.