Skip to content
Home » BIA » BIA clarifies matter of Eslamizar regarding when a proceeding not denominated as “Criminal” can result in a “Conviction”

BIA clarifies matter of Eslamizar regarding when a proceeding not denominated as “Criminal” can result in a “Conviction”

BIA

Representing noncitizen criminal defendants

board of immigration appeals

In Matter of Wong,
The BIA ruled that a finding of guilt in a proceeding that affords defendants all of the constitutional rights of criminal procedure that are applicable.
Without limitation and that are incorporated against the states under the 14th Amendment is a “conviction”
For immigration purposes under INA §101(a)(48)(A).