Safe Havens

(A)  Slow Plea.  A defendant can enter what is called a “slow plea” of guilty.  This really constitutes an agreement to submit the case to a court trial on the police report or other documents, with the understanding that the defendant will be found guilty of specified offenses.  This will result in a verdict of guilty, which will constitute a conviction for immigration purposes just as surely as if a plea of guilty had been entered.[123]  One advantage, in many jurisdictions, is that the verdict can be appealed without seeking a certificate of probable cause to appeal.  Many courts err in the requirements of taking a valid slow plea, since the requirements are very similar to those required when a plea of guilty is entered, but the courts frequently do not understand them.  During the pendency of the appeal, the conviction is not yet final for immigration purposes.

[123] INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).