Tooby's California Post-Conviction Relief for Immigrants

(B)

Deferred Entry of Judgment (DEJ) under Penal Code § 1000  are considered convictions, even after successful completion and dismissal.[18]  Do not be misled by the California legislation.  The DHS follows the will of Congress, which has specifically stated in no uncertain terms that it wishes deferred entry of judgment to constitute a criminal conviction for immigration purposes.

            Since a guilty plea is entered, this disposition constitutes a conviction under federal immigration law.  Since it closely resembles the federal expungement procedures of 18 U.S.C. § 3607(a), when dismissal is obtained it should be considered to eliminate the conviction, but only as to convictions for first-offense simple possession of drugs, as well as other lesser drug convictions for conduct that is not forbidden under federal law, just as expungements do under Penal Code § x1203.4(a).[19]  It is important to remember that because a guilty plea is entered, DEJ does constitute a deportable drug conviction until the later dismissal occurs, although it is possible the immigration courts might be motivated to defer deportation until dismissal occurs, at which time the conviction (and the ground of deportation) disappears.[20]

[18] Matter of Punu, 22 I. & N. Dec. 224 (BIA 1998)(en banc).

[19] Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000); Cardenas-Uriarte v. INS, 227 F.3d 1132 (9th Cir. 2000).

[20] See Cardenas-Uriarte v. INS, 227 F.3d 1132 (9th Cir. 2000)(dictum).