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Criminal Defense of Immigrants





 


 

§ 7.10 B. Conviction Defined by Federal, Not State, Law

 





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The definition of a “conviction” is governed by federal law, irrespective of the label attached to a disposition under state law.[18]  Therefore, where the requirements of the federal statute have been met, the disposition will be considered a “conviction” for immigration purposes, even if it is not considered to be a conviction under the law of the state or jurisdiction in which the disposition occurred.  See §  7.11(A), infra. 
  
 
  
        
[18] INA §  101(a)(48)(B), 8 U.S.C. §  1101(a)(48)(B), as enacted by IIRAIRA §  322(a)(1).  See also United States v. Ayala-Gomez, 255 F.3d 1314 (11th Cir. 2001).

  









 

	

	 

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