The 1996 statutory definition of conviction provides:

 

                The term “conviction” means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where --

 

                (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and

 

                (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.[21]

 

[21] INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).

First Circuit

CONVICTION - RESTITUTION AS PUNISHMENT - AGGRAVATED FELONY - FRAUD - RESTITUTION
De Vega v. Gonzales, __ F.3d __, 2007 WL 2696489 (1st Cir. Sept. 17, 2007) (an order to pay restitution was sufficient to meet "punishment" requirement of INA 101(a)(48)(A)(ii), 8 U.S.C. 1101(a)(48)(A)(ii), and the disposition therefore constituted a "conviction" under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A) for immigration purposes).