Safe Havens

The sentencing hearing is considered part of the record of conviction, and may be used to identify the offense of conviction under a divisible statute.  See § 6.38, infra.  Statements of the defendant made at the sentencing hearing may be considered as forming part of the record of conviction as well.  There is a danger that immigration courts may take defendant’s factual admissions at sentence as forming admissions of the commission of a crime of moral turpitude or controlled substances offense for purposes of establishing a ground of inadmissibility, although this would not be proper.