Post-Conviction Relief for Immigrants

A JRAD issued by a foreign tribunal does not preclude deportation or exclusion on account of the conviction for which it was issued.[77]

[77] Mercer v. Lence, 96 F.2d 122 (10th Cir.), cert. denied, 305 U.S. 611 (1938); Matter of F, 8 I. & N. Dec. 469 (BIA 1959) (conviction of crime involving moral turpitude by foreign court martial is competent to sustain deportability under section 241(a)(1) of 1952 act based upon inadmissibility at the time of entry), distinguishing Gubbels v. Hoy, 261 F.2d 952 (9th Cir. 1958) (deportation statute refers only to sentences imposed by civil criminal courts, and a fortiori sentences imposed by military tribunals are not within their contemplation); Matter of B, 7 I. & N. Dec. 166 (BIA 1956).