Criminal Defense of Immigrants



 
 

§ 11.22 (G)

 
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(G)  State Pardons.  An unconditional pardon given by the Georgia State Board of Pardons and Paroles to a Greek permanent resident who had been convicted of simple larceny was held sufficient, where it was the only unconditional executive pardon that could be obtained in Georgia.[255]

 

California Governor Arnold Schwarzenegger has granted a few pardons, but officially says he does not do it to avoid immigration consequences.  In Georgia, pardons are being granted for immigration purposes.  In Washington State, Governor Gary Locke has granted pardons to immigrants to avoid deportation.  Apparently, however, few other governors are granting very many pardons for immigrants, according to the former General Counsel to the Washington State Governor.


[255] Matter of D, 7 I. & N. Dec. 476 (BIA 1957).  See also Matter of Cevallos, 12 I. & N. Dec. 750 (BIA 1968), overruled on other grounds by Matter of Nolan, 19 I. & N. Dec. 539 (BIA 1988) (pardon by a pardon board consisting of the Governor and other cabinet members is effective for immigration purposes, and pardon by the mayor for violation of a city ordinance is an effective pardon when the mayor constitutes the only pardoning authority).

 

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