Aggravated Felonies

Chapter

§6.1 I. Introduction
§6.2 II. Elimination of a Conviction
§6.3 A. Vacating the Conviction as Legally Invalid
§6.4 1. A Conviction Vacated as Legally Invalid Causes No Immigration Damage
§6.5 2. New Definition of Conviction
§6.6 3. Matter of Pickering
§6.7 4. Full Faith and Credit
§6.8 5. Analyzing Convictions Vacated on Immigration-Related Grounds
§6.9 6. Jurisdiction to Vacate
§6.10 7. Grounds for Vacating a Plea
§6.11 B. State and Federal Rehabilitative Relief
§6.12 1. General Rule
§6.13 2. Federal First Offender Act Exception
§6.14 3. Ninth Circuit Exception
§6.15 C. Judicial Recommendation Against Deportation
§6.16 D. Pardon
§6.17 1. Determination of Whether a Pardon Exists
§6.18 2. Foreign Pardons
§6.19 III. Reduction of Felony to Misdemeanor
§6.20 A. Felony Aggravated Felonies
§6.21 1. Drug Trafficking Convictions
§6.22 2. Crimes of Violence Under 18 U.S.C. 16(b)
§6.23 B. Effect of Reduction to Misdemeanor
§6.24 IV. Vacating or Modifying Sentence
§6.25 A. Most Recent Sentence Governs
§6.26 B. New Definition of "Conviction"
§6.27 C. Reducing Sentence
§6.28 D. Grounds to Vacate Sentence
§6.29 V. Reopening Proceedings After Post-Conviction Relief
§6.30 A. Removal Proceedings
§6.31 B. Criminal Proceedings

§ 6.28 (D)

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(D) Brady error at sentence.[330] If a sentence was based on a mistaken view of the evidence which was brought about by a police or prosecution due process violation, the sentence is constitutionally invalid.[331]

[330] Brady v. Maryland, 373 U.S. 83 (1963).

[331] Sanchez v. United States, 50 F.3d 1448 (9th Cir. 1995).