Matter of Marroquin, 23 I. & N. Dec. 705 (AG Jan. 18, 2005) (federal definition of "conviction" at INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A) (2000), encompasses convictions, other than those involving first-time simple possession of narcotics, that have been vacated or set aside pursuant to state rehabilitative relief statute for reasons that do not go to the legal propriety of the original judgment, and that continue to impose some restraints or penalties upon the defendant's liberty, so a noncitizen whose firearms conviction was expunged pursuant to California Penal Code 1203.4(a) remains "convicted" for immigration purposes).
jurisdiction:
Other