Aggravated Felonies

(D)  Statement by the Court.  In some cases, the statement of the court later clarifying the nature of the proceedings may be considered in determining the nature of the offense.[259] This includes a court’s statement at sentence.[260]

[259] Glaros v. INS, 416 F.2d 441 (5th Cir. 1969) (letters from trial judge and prosecutor, clarifying previous letter produced by respondent).  But see Velez-Lozano v. INS, 463 F.2d 1305, 150 App. D.C. 214 (D.C. Cir. 1972); Giammario v. Hurney, 311 F.2d 285 (3d Cir. 1962) (opinion of sentencing judge irrelevant to CMT determination); Matter of Goodalle, 12 I. & N. Dec. 106 (BIA 1967) (a letter from the trial judge, giving his opinion that the offense arose out of a drunken brawl and did not involve moral turpitude, was not part of the record of conviction which the reviewing body could consider in determining the moral turpitude of the offense).

[260] Matter of Pataki, 15 I. & N. Dec. 324, 326 (BIA 1975); Matter of K, 4 I. & N. Dec. 490, 491 (BIA 1951) (immigration court may consider, as part of record of conviction in determining the nature of a conviction under a divisible statute, any statement of record made by the court in sentencing a defendant).