Criminal Defense of Immigrants

(B)  Topics Not Covered.  This chapter does not cover the important topic of the nature of a conviction, i.e., the elements of the particular crime of which a foreign national was convicted that are necessary to determine whether the conviction falls within a particular ground of deportation or inadmissibility, or triggers other immigration consequences.  See Chapter 16, infra.  This chapter also does not cover the issue of what constitutes sufficient proof in immigration court that a given conviction exists.  See § 16.16, infra.  In general, a certified court document is sufficient to establish the existence of the conviction.[2]  Finally, this chapter does not cover the immigration significance of sentence or the question of how to determine the length of a sentence imposed for immigration purposes.  See Chapter 10, infra.[3]

[2] The documents that may be presented to prove the fact of conviction are listed under the Act and regulations.  INA § 240(c)(3)(B), 8 U.S.C. § 1129a(c)(3)(B); 8 C.F.R. § 1003.41.  See § 15.16, infra.

[3] See N. Tooby & J. Rollin, Aggravated Felonies § 3.62 (3d ed. 2006); N. Tooby, J. Rollin & J. Foster, Crimes Of Moral Turpitude § § 5.8-5.10 (2d ed. 2005); N. Tooby & J. Rollin, Safe Havens: How To Identify And Construct Non-Deportable Convictions § § 7.18 ff. (2005).