Criminal Defense of Immigrants
Chapter
§ 7.2 (G)
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(G) Non-Final Convictions. Convictions on direct appeal of right, or in which a direct appeal can still be filed, are not final enough in most circuits to allow the immigration authorities to begin deportation proceedings until after the appeal has been concluded. See § 7.37, 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).