Aggravated Felonies

            While it is generally impossible collaterally to attack the validity of a criminal conviction in immigration court, for the purpose of forestalling deportation, immigration courts will entertain two specific claims that a conviction is legally defective: (1) convictions rendered by a criminal court that lacked jurisdiction over the case,[260] and (2) convictions rendered in absentia, where the defendant did not receive adequate notice of the proceedings.[261]

            Occasionally, courts have recognized other defects in a conviction that can be raised in immigration court as a defense to deportation under a ground of deportation based on the conviction.  One example is where the conviction was rendered in total denial of the right to counsel, as opposed to a claim of ineffective assistance of counsel.

[260] See § 3.40, infra.

[261] See § 3.42, infra.