Criminal Defense of Immigrants



 
 

§ 10.56 B. Sentence Enhancements

 
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A sentence enhancement may or may not be part of the record of conviction for the purpose of determining the nature of the offense of conviction for immigration purposes.  The law in this area is changing.  It can be difficult to determine the effect a sentence enhancement will have on removability.  See § 10.57, infra.  Special rules are applicable to recidivist sentence enhancements, i.e., those based on prior convictions.  See § 10.58, infra.  The law relating to firearms enhancements (the topic of most case law on this subject) is discussed separately in § 10.59, infra.

 

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