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Tag Archives: Immigration

Deferred Prosecution Is ‘Conviction’ Under INA (access required)

A divided 4th Circuit panel rejects a petition for review of a Board of Immigration Appeals order finding petitioner, a physician and citizen of India, both removable and inadmissible based on a North Carolina deferred prosecution agreement for computer solicitation ...

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Judge’s Improper Comments Were ‘Plain Error’ (access required)

The 4th Circuit vacates the immigration fraud conviction of an Algerian native who entered the U.S. through the Diversity Immigrant Visa Program, because the district judge’s “persistent and repeated” improper comments on the Program and its participants, all to the ...

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First-Offender Drug Plea Was ‘Conviction’ (access required)

Petitioner’s 2005 criminal proceedings under a first-offender statute for cocaine possession, Va. Code § 18.2-251, constituted a “conviction” as defined in 8 U.S.C. § 1101(a)(48)(A), making petitioner, a Mexican citizen, ineligible for cancellation of removal; the 4th Circuit denies his ...

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