Aggravated Felonies



 
 

§ 3.31 (G)

 
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            (G)  State Law Definition of Conviction Does Not Govern for Immigration Purposes.  The Full Faith and Credit doctrine does not require the immigration courts to follow state definitions of what constitutes a “conviction” for immigration purposes. This issue is determined by reference to the statutory definition of conviction.[207]  Thus, the District Court for the Northern District of Texas rejected a claim that because Texas law did not consider a “deferred adjudication” to be a conviction, the Full Faith & Credit statute required the federal court to accept this state rule.[208]

 


[207] INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).

[208] Bui v. Ashcroft, 2003 WL 251929 at p. *3 (N.D. Tex. 2003) (unpublished).

 

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