Criminal Defense of Immigrants


§ 19.100 D. Post-Conviction Relief

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A conviction that is vacated on a ground of legal invalidity cannot trigger deportability under the aggravated felony ground.  See Chapter 11, supra.[1186]  A presidential or gubernatorial pardon will eliminate an aggravated felony conviction for immigration purposes,[1187] as will a properly obtained judicial recommendation against deportation.[1188]  “State rehabilitative relief,” such as an expungement or dismissal under statutes such as California Penal Code § 1203.4, will not be effective to eliminate the conviction.[1189]

[1186] Matter of Pickering, 23 I. & N. Dec. 621 (BIA 2003), rev’d on other grounds, Pickering v. Gonzales, ­454 F.3d 525, 527 (6th Cir. July 17, 2006).

[1187] See § 11.22, supra.

[1188] See § 11.21, supra.

[1189] See § 11.18, supra.