Criminal Defense of Immigrants

(C)  Codefendant’s Record of Conviction.  The record of conviction of a noncitizen does not include the record of conviction of the person’s codefendant.[380]

[380] Matter of Short, 20 I. & N. Dec. 136 (BIA 1989) (record of conviction of respondent, who aided and abetted her husband, does not include the conviction record of the husband where her record of conviction nowhere related her crime of aiding and abetting to the specific sexual offense of which her husband was convicted, the respondent’s prior conviction for engaging in deviate sexual intercourse with a 3-year-old female was overturned on appeal, and the statute under which she was subsequently convicted specifically excluded felonies under 18 U.S.C., Chapter 109A (18 U.S.C. § § 2241-45 (Supp. IV 1986)), which concerns sexual abuse offenses).