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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”

Representing Noncitizen Criminal Defendants

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).

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