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Keywords

probationdeportation
pleaprobationdeportation

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Griffiths v. Immigration and Naturalization Service

Facts

Griffiths, a lawful resident since 1985, was convicted in 1991 for carrying a firearm without a license and sentenced to probation. In 1993, while his deportation case was ongoing, the court vacated his conviction, reducing the charge to unlawful possession of a firearm and placing it on file. Griffiths argued that this 'guilty-filed' disposition did not constitute a conviction for immigration purposes, leading to the deportation order.

Griffiths, a citizen of Jamaica, has lived as a lawful resident in this country since [*48] 1985. He is the son of a U.S. citizen mother and a lawful permanent resident father, and is the father of three minor U.S. citizen children. In 1990, at eighteen years of age, Griffiths was charged in the Dorchester District Court with carrying a firearm without a license and unlawful possession of ammunition, in violation of section 10 of Chapter 269 of the Massachusetts General Laws. On January 7, 1991, he was convicted and sentenced to one-year's probation, as well as a suspended six-month term of imprisonment.

Issue

Whether the 'guilty-filed' disposition of Griffiths's firearms violation under Massachusetts law constitutes a 'conviction' for immigration purposes under the INA.

Whether the 'guilty-filed' disposition of his firearms violation under Massachusetts law was sufficiently final to constitute a 'conviction' within the meaning of the INA.

Rule

The term 'conviction' for immigration purposes is defined as a formal judgment of guilt or, if adjudication of guilt has been withheld, where a judge has found the alien guilty and ordered some form of punishment.

The term 'conviction' means, with respect to an alien, a formal judgment of guilt of the alien entered by [**11] a court, or, if adjudication of guilt has been withheld, where– (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.

Analysis

The court applied the statutory definition of 'conviction' from the INA, which includes cases where adjudication of guilt is withheld. The Board's interpretation that Griffiths's guilty-filed disposition qualified as a conviction was deemed reasonable. However, the court found that the record lacked evidence linking Griffiths's probation to the firearms violation, making it unclear if he met the requirements for a conviction under the INA.

The court applied the statutory definition of 'conviction' from the INA, which includes cases where adjudication of guilt is withheld. The Board's interpretation that Griffiths's guilty-filed disposition qualified as a conviction was deemed reasonable. However, the court found that the record lacked evidence linking Griffiths's probation to the firearms violation, making it unclear if he met the requirements for a conviction under the INA.

Conclusion

The court vacated and remanded the order of deportation due to insufficient evidence linking Griffiths's probation to the firearms violation.

The court vacated and remanded the order of deportation due to insufficient evidence linking Griffiths's probation to the firearms violation.

Who won?

Griffiths prevailed in part as the court remanded the case for further proceedings due to lack of evidence, although the Board's interpretation of 'conviction' was upheld.

Griffiths prevailed in part as the court remanded the case for further proceedings due to lack of evidence, although the Board's interpretation of 'conviction' was upheld.

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