Criminal Defense of Immigrants



 
 

§ 10.55 (A)

 
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(A)  In General.  The sentence forms part of the record of conviction, for purposes of assessing its immigration consequences.  See § 16.25, infra.  The record of conviction consists of the charging papers (indictment, complaint, etc.), plea or verdict, and sentence.  See § § 16.16, et. seq., infra. Thus, the criminal sentencing hearing and the formal judgment constitute part of the “record of conviction” that is considered to determine whether the particular conviction meets the definition of the immigration category, and thus triggers an adverse consequence such as deportability, inadmissibility, or disqualification from eligibility for relief.

 

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