(B)  Exceptions.  Immigration courts will entertain certain specific claims that: (1) the convictions were rendered by a criminal court that lacked jurisdiction over the case, see § 7.34, infra, and (2) the convictions were rendered in absentia, and the defendant did not receive adequate notice were of the proceedings, see § 7.35, infra.  (3) It may also be possible to raise other claims a conviction is legally invalid in immigration proceedings.  See § 7.36, infra. 

 

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.").