Criminal Defense of Immigrants


§ 7.28 1. Acquittal

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No form of acquittal will constitute a conviction.[150]  This includes both acquittal by a jury after a jury trial and by a judge after a court trial.  Since the requirements of the statutory definition of conviction[151] are not met, there is no conviction for immigration purposes.  One exception to this rule may be a plea or verdict of not guilty by reason of insanity (NGI), although this plea is not listed in the statute defining conviction as creating a conviction.  See § 7.18, supra.[152]

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

[151] INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).  See § 7.11, supra. 

[152] N. Tooby & J. Rollin, Aggravated Felonies § 3.32(F)(4) (2006).