A theft offense is only an aggravated felony (and therefore, a disqualification for cancellation), if the sentence imposed was at least one year.  Under Texas law, where deferred adjudication is granted, no sentence is imposed.  Therefore, crimes of violence, theft offenses, and other convictions for which a sentence imposed of one year is transforms the conviction into an aggravated felony, do not become aggravated felonies if the defendant received and successfully completed deferred adjudication without a violation since no sentence of one year or more has been imposed. But see, Matter of Punu, 22 I. & N. Dec. 224 (BIA 1998) (Texas deferred adjudication is a conviction for immigration purposes).

jurisdiction: 
BIA

 

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