Safe Havens

The law allows the defendant to enter a plea of guilty without making a factual admission of guilt, even, indeed, while maintaining his or her innocence.  This plea of guilty constitutes a conviction for immigration purposes just as much as any other guilty plea.[116]

This procedure, however, allows the defendant to make a tactical decision that accepting a plea bargain, as opposed to taking the case to trial, will be in his or her interests even though s/he believes s/he is innocent of the charges.  The client may make this tactical decision to avoid worse consequences (criminal or immigration) if the case is fought and lost.  The client can simply enter a plea of guilty pursuant to these judicial decisions[117] without admitting actual guilt.  If this is permitted by the court, then the defendant has not admitted any facts as part of the record of conviction that might bring the conviction within a ground of deportation.

[116] Abimbola v. Ashcroft, 378 F.3d 173 (2d Cir. Aug. 5, 2004) (Alford plea is a plea of guilty and a conviction under INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A)).

[117] People v. West, 3 Cal.3d 595, 91 Cal.Rptr. 385 (1970); North Carolina v. Alford, 400 U.S. 25 (1970).