Fifth Circuit

CONVICTION - EXISTENCE - LEGAL INVALIDITY - IMMIGRATION COURTS MAY NOT ENTERTAIN A CLAIM THAT A CONVICTION, WHICH HAS NOT BEEN OVERTURNED IN CRIMINAL COURT, IS LEGALLY INVALID
Singh v. Holder, 568 F.3d 525 (5th Cir. May 14, 2009) (noncitizen may not collaterally attack the legal validity of a criminal conviction, which has not been overturned in criminal court, in immigration proceedings), following Brown v. U.S. INS, 856 F.2d 728, 731 (5th Cir.1988); see also Zinnanti v. INS, 651 F.2d 420, 421 (5th Cir. 1981) ("Once the [state criminal] conviction becomes final, it provides a valid basis for deportation unless it is overturned in a judicial post-conviction proceeding.").