Criminal Defense of Immigrants
§ 7.2 (F)
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(F) Non-Conviction Dispositions. A number of other dispositions exist that do not constitute convictions under federal immigration law, including acquittals, dismissals before conviction (where there has never been 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, deferred prosecution without plea, deferred verdict, and deferred sentence. See § § 7.28-7.32, infra. A few defective convictions are not considered to be convictions under very rare circumstances. See § § 7.33-7.36, infra.
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).