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

§ 7.25 (D)

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(D) Foreign Convictions Not Within Required Span of Time. Congress specifically listed convictions for violating foreign law as aggravated felonies, but only if the term of imprisonment imposed for the foreign criminal conviction was completed within the previous 15 years.[121] See § 19.12, infra.

[121] INA § 101(a)(43), 8 U.S.C. § 1101(a)(43) (second to last sentence).