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H. Restraint on Noncitizen's Liberty

The second prong of the definition of what constitutes a conviction for immigration purposes under INA § 101(a)(48)(ii) requires that “the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.”  Imposed jail time, probation, and payment of fines can constitute a conviction under the second prong definition.  Moreover, the conditions imposed with virtually all deferred adjudication schemes (even “immigration-safe” ones) will suffice to constitute a restraint on the noncitizen’s liberty within the meaning of this provision.



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