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Chapter Two: Convictions under Immigration Law

This chapter discusses the immigration consequences resulting from different convictions.  For purposes of immigration law, the definition of "conviction" is not intuitive.  It is complex and has a different meaning than its use in common parlance or in Washington law.

There are two prongs to the immigration law definition of conviction.  The Immigration and Naturalization Act (INA) states:

The term “conviction” means, with respect to an alien,[1] a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where—

·         A judge or jury has found the alien [noncitizen] 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

·         The judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.[2]


[1] For more information on noncitizen rights and risks, please see Chapter 1, Section A2.

[2] 8 USC  § 1101(a)(48)(A); INA § 101(a)(48)(B).

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