Criminal Defense of Immigrants

                Documents outside the record of conviction of the respondent may not be considered in determining the nature of the offense.[344]  Following are documents that have been found not to be included in the record of conviction.

[344] Guarino v. Uhl, 107 F.2d 399 (2d Cir. 1939); Zaffarano v. Corsi, 63 F.2d 757 (2d Cir. 1933); Matter of Arreguin, 21 I. & N. Dec. 38  (BIA 1995) (establishing standard for significance of dismissed charges in discretionary decision); Matter of Short, 20 I. & N. Dec. 136, 139 (BIA 1989).