Criminal Defense of Immigrants

Chapter

§7.1 I. Introduction
§7.2 II. Overview
§7.3 III. Immigration Consequences of Conviction
§7.4 A. Deportation Grounds
§7.5 B. Inadmissibility Grounds
§7.6 C. Other Immigration Consequences
§7.7 D. Conduct-Based Immigration Consequences
§7.8 IV. Elements of a Conviction
§7.9 A. Definition of Conviction Applies in All Immigration Contexts
§7.10 B. Conviction Defined by Federal, Not State, Law
§7.11 C. Statutory Definition of Conviction
§7.12 1. The Statute
§7.13 2. Legislative History
§7.14 D. Elements of Conviction
§7.15 1. Formal Judgment in Criminal Case
§7.16 2. Deferred Judgment of Guilt
§7.17 a. Verdict After Trial
§7.18 b. Plea of Guilty or No Contest
§7.19 c. Admission of Sufficient Facts
§7.20 d. Imposition of Sentence
§7.21 V. Non-Conviction Dispositions
§7.22 A. Non-Criminal Dispositions
§7.23 1. Juvenile Delinquency Adjudications
§7.24 2. Minor Non-Criminal Violations
§7.25 3. Foreign Convictions
§7.26 4. Unlisted Jurisdictions: Local, Military, and Tribal Convictions
§7.27 B. Non-Conviction Dispositions
§7.28 1. Acquittal
§7.29 2. Dismissal Before Conviction
§7.30 3. Deferred Prosecution
§7.31 4. Deferred Verdict
§7.32 5. Deferred Sentence
§7.33 C. Defective Convictions
§7.34 1. Convictions by Court Without Jurisdiction
§7.35 2. Convictions In Absentia
§7.36 3. Other Defects
§7.37 D. Non-Final Convictions on Direct Appeal
§7.38 VI. Post-Conviction Relief from Conviction
§7.39 VII. Resources

§ 7.23 (B)

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(B) Adult Court Conviction of Juvenile. A state conviction in adult court of a noncitizen who was a juvenile at the time of the commission of the offense may, but does not automatically, constitute a conviction for immigration purposes. Many states allow juveniles to be transferred from juvenile court to adult court, under certain circumstances, and an adult-court criminal conviction can result. See § § 12.10-12.19, infra.