Fourth Circuit analyzes an Immigration Conviction


The Fourth Circuit Court of Appeals analyzed whether a VA Code 18.2-251 dismissal qualifies as a conviction for Immigration purposes per INA 101(a)(48)(A) even though it was a deferred adjudication.  In Crespo v. Holder, the respondent did not plead guilty, and even though the judge found facts justifying a finding of guilty.  The court felt that Congress in writing the Immigration laws intended a judge's finding of guilt to be a far different scenario than a judge finding facts sufficient to find guilty.  As such, the Court determined that a Virginia 18.2-251 dismissal or a case in which as the plain reading of the statute suggests that there has not been a finding of guilt or an entering of a guilty plea, the foreign national subject to the grips of the Immigration and Nationality Act, has not been convicted of a crime.

Ricky Malik, Esq.