Criminal Defense of Immigrants
§ 7.2 (C)
For more text, click "Next Page>"
(C) Definition of Conviction. For immigration purposes, a “conviction” means:
(1) A formal judgment of guilt including sentence; or
(2) A deferred adjudication, or its equivalent, which remains a conviction even if it is not a conviction under the law of the jurisdiction, and even if a state court “conviction” has been erased by some sort of rehabilitative process, provided:
(a) there was a court or jury verdict or plea of guilty or no contest, including an Alford plea, or any admission by the defendant of sufficient facts to warrant a conviction, and
(b) the court imposed some form of punishment, penalty or restraint such as any type of incarceration, or probation, or a fine. See § § 7.11-7.12, infra.
Updates
Sixth Circuit
CONVICTION - COLLATERAL ATTACK IN REMOVAL PROCEEDINGS NOT PERMITTED
Al-Najar v. Mukasey, __ F.3d __, 2008 WL 245632 (6th Cir. Jan. 31, 2008) (petitioner's challenge to the state court conviction in immigration court constituted an impermissible collateral attack).