Post-Conviction Relief for Immigrants

A successful appeal can result in the complete vacating of the judgment of conviction imposed by the trial court, and thus eliminate a conviction for immigration purposes, even if the conviction is for a narcotics offense.  Note that the Fifth Circuit has rendered an ill-advised decision that challenges this basic concept.  In Renteria-Gonzalez v. INS,[65] without citing many of the pertinent cases, the court found in a conclusory fashion that “vacated” convictions remain valid for immigrations purposes. The court’s predominant rationale was that the definition of conviction in IIRAIRA did not expressly provide an exception for vacated convictions.[66]  Of course, the prevailing law had long held reversal of a conviction eliminated its immigration effects, and the 1996 legislation expressed no intent to overrule all those decisions.  See § 4.5, supra.

[65] Renteria-Gonzalez v. INS, 322 F.3d 804 (5th Cir. 2002).

[66] Id. at 833-34 (“Although it may seem counterintuitive, the text, structure and history of the INA suggest that a vacated federal conviction does remain valid for purposes of the immigration laws.”).