(C)  Foreign Criminal Procedures.  A conviction in a foreign country can trigger deportation, even if it does not conform to all the constitutional guarantees required of United States convictions.[174]      In Matter of Eslamizar,[175] the BIA held a finding of petty theft under Oregon minor offense procedure did not constitute a conviction for immigration purposes, since it was not a criminal proceeding in which the normal procedural rights, such as jury trial, the right to appointed counsel, and the presumption of innocence were not respected. The Board, however, distinguished foreign convictions: “[N]othing in our decision should be taken as asserting that a foreign conviction must adhere to all the requirements of the United States Constitution applicable to criminal trials, including that relating to the requisite standard of proof. Rather, we find that Congress intended that the proceeding must, at a minimum, be criminal in nature under the governing laws of the prosecuting jurisdiction, whether that may be in this country or in a foreign one.”[176]

[174] Brice v. Pickett, 515 F.2d 153 (9th Cir. 1975) (foreign possession of marijuana); Matter of Romandia-Herreros, 11 I. & N. Dec. 772 (BIA 1966) (Mexican conviction for narcotics violation in United States). Pasquini v. INS, 557 F.2d 536 (5th Cir. 1977); Brice v. Pickett, 515 F.2d 153 (9th Cir. 1975); Matter of Awadh, 15 I. & N. Dec. 775 (BIA 1976) (Canadian conviction); Matter of Gutierrez, 14 I. & N. Dec. 457 (BIA 1973); Matter of M, 9 I. & N. Dec. 132 (BIA 1960).

[175] Matter of Eslamizar, 23 I. & N. Dec. 684 (BIA Oct. 19, 2004) (en banc) (court procedures under Ore. Rev. Stat. § 153.076, did not constitute a conviction for immigration purposes, since the proceedings do not allow a jury trial, right to court-appointed counsel, or proof beyond a reasonable doubt), overruling Matter of CR, 8 I. & N. Dec. 59 (BIA 1958) (police court adjudication of petty theft under a municipal ordinance, on a standard of preponderance of the evidence, constituted a conviction for immigration purposes).

[176] Id. at 688 (footnote omitted).

Other

SAFE HAVEN - STATE REHABILITATIVE RELIEF - PRIOR FOREIGN CONVICTION DOES NOT DISQUALIFY DEFENDANT FROM FFOA TREATMENT
The Federal First Offender Act, 18 U.S.C. 3607(a)(1), does not permit an expungement if the defendant has prior to the commission of the current offense suffered a conviction under "Federal or State" law. This provision does not include foreign convictions as a disqualification for this relief.