(A)  In General.  Criminal convictions rendered by a court lacking jurisdiction to render them do not trigger adverse immigration consequences.  This is one of the few exceptions to the general rule that a noncitizen cannot attack the validity of a conviction during immigration court proceedings.  See § 7.33(B), supra.  INS regulations formerly defined the term “conviction” to mean “a conviction by a court of competent jurisdiction.”[165]  A convicting court’s lack of subject matter jurisdiction may therefore deprive a conviction of its validity for immigration purposes.[166]  The lack of jurisdiction of the criminal court to enter the conviction may thus be challenged in immigration proceedings.[167]

 

[165] Former 8 C.F.R. § 242.2(b).

[166] See, e.g., United States v. Ceja-Prado, 333 F.3d 1046 (9th Cir. June 25, 2003) (where proof of defendant’s age is lacking, and s/he may have been a juvenile at the time the crime was committed, there may be no federal jurisdiction over defendant’s case pursuant to the Federal Juvenile Delinquency Act, 18 U.S.C. § 5031); United States v. Gutierrez-Alba, 128 F.3d 1324 (9th Cir. 1997) (assuming without deciding that adult trial court lacked jurisdiction to convict juvenile defendant, but finding sufficient admission of disqualifying conduct).

[167] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § § 10.9, 10.19 (2d ed. 2005).

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.

BIA

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).