Criminal Defense of Immigrants

(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).