Criminal Defense of Immigrants


§ 20.41 C. Effect of Previous Grant of Relief

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Normally the grant of relief, for example, under cancellation of removal or former INA § 212(c), waives all grounds of deportation for that crime so that the conviction no longer has any adverse immigration effects.  There is, however, a different rule for crimes of moral turpitude: even if relief is granted, the DHS may join a conviction for a crime of moral turpitude that has been waived with another –usually a new one– that has not, to charge deportability for conviction of two CMT offenses.[271] 


                Therefore, a noncitizen who received a waiver of deportation[272] for a particular crime involving moral turpitude may still thereafter be deported under the multiple-CMT conviction ground of deportation, if s/he is later convicted of a second CMT or another CMT conviction is discovered that was not disclosed or waived in the prior proceeding.[273]

[271] Molina-Amecua v. INS, 6 F.3d 646 (9th Cir. 1993).

[272] Former INA § 212(c), 8 U.S.C. § 1182(c).

[273] Matter of Balderas, 20 I. & N. Dec. 389 (BIA 1991) (INA § 212(c), 8 U.S.C. § 1182(c) waiver did not eliminate the fact that the first conviction had occurred, and that conviction could provide one conviction to support a two-conviction ground for deportation); Matter of Mascoro-Perales, 12 I. & N. Dec. 228 (BIA 1967) (same; deportability previously waived for single conviction did not prevent deportation for multiple CMTs using the waived conviction as one).