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.