Vivieros v. Holder, ___ F.3d ___, ___ (1st Cir. Jun. 25, 2012) (Massachusetts conviction of shoplifting, under Mass. Gen. Laws ch. 266, 30A, constituted a conviction for immigration purposes, under INA 101(a)(48)(A), 8 U.S.C. (a)(48)(A), where the defendant pleaded guilty and received a fine of $250, which was later vacated, so the ultimate disposition was a guilty finding with no fines or costs, because the statutory definition of conviction has no such requirement in (A), but Congress specifically included a punishment requirement in the alternative definition under (B): We reject out-of-hand the petitioner's suggestion that there was no formal judgment of guilt because he was never ultimately punished for his shoplifting crime.); distinguishing Griffiths v. INS, 243 F.3d 45, 51-52, 54 (1st Cir. 2001) (stating that the punishment question is irrelevant to an inquiry into whether a formal judgment has been imposed; the court in Griffiths simply filed a guilty plea without ever imposing a sentence); see Duncan v. Walker, 533 U.S. 167, 173, 121 S.Ct. 2120, 150 L.Ed.2d 251 (2001) (explaining that where Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion (internal quotation marks omitted)).