(E)  Foreign Post-Conviction Relief.  In Matter of Pickering,[178] the BIA held that a Canadian court order purporting to vacate a conviction was ineffective to eliminate its immigration consequences since the “quashing of the conviction was not based on a defect in the conviction or in the proceedings underlying the conviction, but instead appears to have been entered solely for immigration purposes.”[179]  It also stated that the same standards would be applied to assess the immigration effect of foreign post-conviction relief as for relief granted under state or federal law.  See Chapter 6, infra.[180]

[178] Matter of Pickering, 23 I. & N. Dec. 621 (BIA June 11, 2003).

[179] Id. at 625.

[180] This ignores the effect of the Full Faith and Credit statute, which applies to domestic, but not foreign, court orders.  See § 6.7, infra.

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.