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Keywords

jurisdictionpleaprobateprobationimmigration lawliensguilty plea
jurisdictionpleaprobateprobationimmigration lawliensguilty plea

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Vasquez-Velezmoro v. Immigration and Naturalization Service

Facts

Petitioner is a citizen of Peru who entered the United States without inspection in 1985. In 1986, he was charged in Texas state court with possession of a controlled substance and sentenced to ten years' imprisonment, all of which was probated. After completing two years of probation, his guilty plea was withdrawn, and the indictment was dismissed. In 1997, removal proceedings were initiated against him, and he applied for cancellation of removal, which was denied by an Immigration Judge. The BIA later ruled that he had a conviction for immigration purposes and ordered him removed.

Petitioner is a citizen of Peru who entered the United States without inspection in 1985. In 1986, he was charged in Texas state court with possession of a controlled substance and sentenced to ten years' imprisonment, all of which was probated. After completing two years of probation, his guilty plea was withdrawn, and the indictment was dismissed. In 1997, removal proceedings were initiated against him, and he applied for cancellation of removal, which was denied by an Immigration Judge. The BIA later ruled that he had a conviction for immigration purposes and ordered him removed.

Issue

Whether the petitioner's expunged state drug conviction constitutes a 'conviction' for immigration purposes, thereby making him ineligible for cancellation of removal.

Whether the petitioner's expunged state drug conviction constitutes a 'conviction' for immigration purposes, thereby making him ineligible for cancellation of removal.

Rule

Under 8 U.S.C. 1101(a)(48), a 'conviction' means a formal judgment of guilt entered by a court or, if adjudication of guilt has been withheld, where a judge or jury has found the alien guilty or the alien has entered a plea of guilty, and the judge has ordered some form of punishment.

Under 8 U.S.C. 1101(a)(48), a 'conviction' means a formal judgment of guilt entered by a court or, if adjudication of guilt has been withheld, where a judge or jury has found the alien guilty or the alien has entered a plea of guilty, and the judge has ordered some form of punishment.

Analysis

The court applied the definition of 'conviction' from 8 U.S.C. 1101(a)(48) to the facts of the case, noting that the petitioner had entered a guilty plea and received a sentence of probation longer than that allowed under the Federal First Offender Act (FFOA). The court found that the petitioner was not similarly situated to aliens whose convictions were expunged under the FFOA, as his longer sentence provided a rational basis for treating him differently under immigration law.

The court applied the definition of 'conviction' from 8 U.S.C. 1101(a)(48) to the facts of the case, noting that the petitioner had entered a guilty plea and received a sentence of probation longer than that allowed under the Federal First Offender Act (FFOA). The court found that the petitioner was not similarly situated to aliens whose convictions were expunged under the FFOA, as his longer sentence provided a rational basis for treating him differently under immigration law.

Conclusion

The court dismissed the petition for lack of jurisdiction, affirming that the petitioner was removable due to his conviction.

The court dismissed the petition for lack of jurisdiction, affirming that the petitioner was removable due to his conviction.

Who won?

The United States, as the court upheld the BIA's ruling that the petitioner was ineligible for cancellation of removal due to his conviction.

The United States, as the court upheld the BIA's ruling that the petitioner was ineligible for cancellation of removal due to his conviction.

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