Criminal Defense of Immigrants

The immigration authorities cannot lawfully lodge an immigration detainer against a person on the basis of a plea without sentence, and cannot lawfully begin removal proceedings on the basis of such a plea, for two reasons.  First, a conviction does not exist for immigration purposes until sentence has been imposed.  See § 7.20, supra.  Second, the conviction is not yet final in most circuits for immigration purposes until the period within which a direct appeal can be filed has elapsed, or until the court has rendered a final judgment on appeal affirming the conviction and the direct appeal has been concluded.  See § 7.37, supra.