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Criminal Defense of Immigrants





 


 

§ 7.34 1. Convictions by Court Without Jurisdiction

 





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                      CONVICTION " EXISTENCE OF CONVICTION " CONVICTION VOID ON ITS FACE " CONVICTION FOR VIOLATION OF AN UNCONSTITUTIONAL STATUTE

                      Matter of Rodriguez-Carrillo, 22 I. & N. Dec. 1031, 1034 (BIA 1999) ([I]t is clear that an Immigration Judge and the Board cannot entertain a collateral attack on a judgment of conviction, unless that judgment is void on its face, and cannot go behind the judicial record to determine the guilt or innocence of an alien. See Matter of Madrigal, Interim Decision 3274 (BIA 1996).) (emphasis added).
 	Note: A conviction pursuant to an unconstitutional statute is void on its face.

                    


                  
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                      CONVICTION - VOID CONVICTION BY COURT WITHOUT JURISDICTION

                      Matter of O'Sullivan, 10 I. & N. Dec. 320 (BIA 1963) (BIA can look behind facially valid conviction where state court wholly lacked authority to issue order). 


                    


                    









 

	

	 

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