Aggravated Felonies

(J)  Statements of Respondent or Witnesses in Immigration Court.

Admissions made by a respondent in immigration court are not part of the record of conviction, and may not be considered in determining whether a conviction falls within a deportable category of convictions.[304]  While testimony in immigration court may not be considered in divisible statute analysis, courts have held that it may be examined in determining the existence of a conviction.[305]

[304] See § 4.16, supra.

[305] See § 4.15, supra.