Criminal Defense of Immigrants

(A)  In General.  The probation report is generally not considered to be part of the record of conviction, for purposes of determining the nature of the offense of conviction to identify its immigration consequences.  See § 16.32, infra.  In some courts, however, the judge will sometimes incorporate the facts contained in the presentence report into the judgment of the court, which may then constitute part of the record of conviction.  See § 16.29, infra.  Because the presentence report will often contain facts that might bring an otherwise non-deportable conviction within a ground of deportation, counsel should be alert to the importance of defending against the possibility that the PSR will be considered to be part of the record of conviction.