(B)  No Contest Pleas.  In the context of determining whether a noncitizen on supervised release from immigration detention had violated the term of the release that he not “commit any crimes,” the First Circuit has held that a plea of no contest in criminal proceedings is insufficient evidence to show that the noncitizen has committed a crime, since a nolo contendere plea is not an admission of guilt to the underlying crime.[240]  Applied in this context, Counsel can argue that a no contest plea cannot be used to establish that a noncitizen has “committed” a CMT within five years of admission, because even though there is a conviction, a no contest plea gives no proof that the offense of conviction was “committed” by the defendant.

 

[240] United States v. Nguyen, 465 F.3d 1128 (9th Cir. Oct. 18, 2006).

BIA

ADMISSION - CRIMES OF MORAL TURPITUDE
Matter of Carrillo-Arrillo, 25 I. & N. Dec. 99 (BIA Oct. 21 2009) (pursuant to the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, 1, the date at which a Cuban noncitizen was paroled in the United States counts as the date of "admission" as a lawful permanent resident; noncitizen who was paroled into the United States in 1999, but did not adjust status until 2001, was not deportable as a noncitizen who had committed a CMT within 5 years of admission based on offenses committed in 2004).

CRIME OF MORAL TURPITUDE " INADMISSIBILITY " FIVE-YEAR CLOCK
Practice Advisory on Matter of Alyazji, 23 I. & N. Dec. 754 (BIA 2005) (Adjustment of Status Following an Admission Does Not Re-Start the Five- Year Clock for Purposes of the Moral Turpitude Deportation Ground), overruling in part Matter of Shanu, 23 I&N Dec. 754 (BIA 2005) Kathy Brady, Immigrant Legal Resource Center, Feb. 28, 2011. http://lawprofessors.typepad.com/immigration/2011/02/practice-advisory-on-.html