Aggravated Felonies

(A)  Lack of a Conviction.  First, a conviction is required or the disposition cannot constitute an aggravated felony.  See § § 3.7, 3.31-3.32, infra.  The following dispositions therefore do not trigger aggravated felony criminal or immigration consequences:

(a)        A dismissal of criminal charges, entered without any preceding plea of guilty, no contest, or admission of sufficient facts to warrant a conviction, no matter why the case was dismissed.  See § 3.39, infra.

(b)        An acquittal after trial.  See § 3.38, infra.

(c)        An adjudication of juvenile delinquency in juvenile court.  See § 3.41, infra.

(d)        A disposition in adult court of an offense for which the noncitizen could not have been bound over for trial in adult court under the Federal Juvenile Delinquency Act.  See § 3.41, infra.

(e)        A conviction by a court that did not have jurisdiction over the case, such as a conviction in adult court of a person who was a juvenile at the time the offense was committed, who was not properly bound over to adult court for trial.  See § 3.40, infra.

(f)         A conviction that is still pending direct appeal, or as to which the time for filing a notice of appeal has not yet elapsed.  See § 3.44, infra.

(g)        A disposition of diversion, or deferred entry of judgment, or other form of state rehabilitative relief equivalent to the Federal First Offender Act, in the Ninth Circuit, in certain minor first-offense controlled substances cases, after successful completion of the program and dismissal of the charges, even if preceded by a plea of guilty or no contest, or an admission of sufficient facts to warrant a conviction.  See § 3.47, Chapter 6, infra.

(h)        A conviction illegally entered in absentia, without adequate notice to the accused.  See § 3.42, infra.

(i)          A conviction that has been vacated on a ground of legal invalidity.  See § 3.47, Chapter 6, infra.

(j)          A conviction as to which a Judicial Recommendation Against Deportation was properly granted prior to November 29, 1990.  See § § 3.47, 6.15, infra.

(k)        A conviction as to which the President of the United States or the Governor of any state, or agency to which the pardon function has properly been delegated, has granted a full and unconditional pardon. See § § 3.47, 6.16 ff., infra.