Ali v. Ashcroft, ___ F.3d ___ (7th Cir. Jan. 11, 2005) (according Chevron deference to, and affirming rule of Matter of Pickering, 23 I. & N. Dec. 621, 624 (BIA June 11, 2003), vacated by Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), that if a court amends an alien's conviction for reasons solely related to rehabilitation or immigration hardships, as opposed to responding to procedural or substantive defects in the underlying criminal proceedings, then the alien remains "convicted" for immigration purposes).
jurisdiction:
Seventh Circuit