Post-Conviction Relief for Immigrants

A conviction for a crime involving moral turpitude will be eliminated for immigration purposes if the noncitizen has been granted “a full and unconditional pardon by the President of the United States or by the Governor of any of the several states.”[131] 

[131] INA § 237(a)(2)(A)(v), 8 U.S.C. § 1227(a)(2)(A)(v), formerly INA § 241(a)(2)(a)(iv), 8 U.S.C. § 1251(a)(2)(a)(iv), created by Immigration Act of 1990, Pub. L. No. 101-649, § 602, 104 Stat. 4978, 5081.  The predecessor statute, prior to 1990, was INA § 241(b).  The current statute also provides a pardon eliminates deportability on account of two or more CMT convictions, aggravated felony convictions, or convictions of high speed border chase under 18 U.S.C. § 758.  INA § 241(a)(2)(A)(iv), 8 U.S.C. § 1251(a)(2)(A)(iv) (moral turpitude, aggravated felony); Matter of H, 7 I. & N. Dec. 249 (BIA 1956) (pardon eliminates confinement for purposes of 180-day good-moral-character requirement).  See Annot., What Constitutes Full and Unconditional Pardon Under § 241(B) Of Immigration And Nationality Act of 1952 . . ., 101 A.L.R. Fed. 668 (1991).  By analogy, the Ninth Circuit has held that an unqualified state court restoration of rights bars a federal felon-with-gun conviction.  United States v. Herron, 45 F.3d 340 (9th Cir. 1995).