; or (bb) any crime punishable by more than one year of imprisonment. (II) Misdemeanor The term misdemeanor means— (aa) any crime defined as a misdemeanor by the relevant jurisdiction (Federal, State, tribal, or local) of conviction; or (bb) any crime not punishable by more than one year of imprisonment. (ii) Clarifications (I) Construction For purposes of this paragraph, whether any activity or conviction also may constitute a basis for removal is immaterial to a determination of asylum eligibility. (II) Attempt, conspiracy, or solicitation For purposes of this paragraph, all references to a criminal offense or criminal conviction shall be deemed to include any attempt, conspiracy, or solicitation to commit the offense or any other inchoate form of the offense. (III) Effect of certain orders (aa) In general No order vacating a conviction, modifying a sentence, clarifying a sentence, or otherwise altering a conviction or sentence shall have any effect under this paragraph unless the Attorney General or Secretary of Homeland Security determines that— (AA) the court issuing the order had jurisdiction and authority to do so; and (BB) the order was not entered for rehabilitative purposes or for purposes of ameliorating the immigration consequences of the conviction or sentence. (bb) Ameliorating immigration consequences For purposes of item (aa)(BB), the order shall be presumed to be for the purpose of ameliorating immigration consequences if— (AA) the order was entered after the initiation of any proceeding to remove the alien from the United States