Post-Conviction Relief for Immigrants

The Act provides that an executive pardon is effective to eliminate the deportation consequences of one or more crimes of moral turpitude, aggravated felonies, or offenses involving high speed flight from an immigration checkpoint. [129]  A pardon, however, will not nullify a deportation ground based on a controlled substances conviction, firearms conviction, domestic violence conviction or protective order violation, or any other unlisted conviction that triggers deportation.[130]

[129] INA § 237(a)(2)(A)(v), 8 U.S.C. § 1227(a)(2)(A)(v).

[130] Matter of Suh, 23 I. & N. Dec. 626 (BIA 2003) (presidential or gubernatorial pardon waives only the grounds of removal specifically set forth in INA § 237(a)(2)(A)(v), 8 U.S.C. § 1227(a)(2)(A)(v) (2000); no implicit waivers may be read into statute; pardon of conviction of crime of domestic violence under INA § 237(a)(2)(E)(i), ineffective, as not specifically included in INA § 237(a)(2)(A)(v)).  See N. Tooby, Criminal Defense of Immigrants, Appendix E (2003), for a complete list of conviction-based grounds of deportation.