Under 8 USC 1227(a)(2)(A), the immigration statute provides that a full and unconditional pardon by the President of the United States or the Governor of the State will be effective in erasing the deportation consequences of the conviction for a noncitizen who was convicted of:

·         A single crime involving moral turpitude committed within five years of entry.  INA § 8 USC 1227(a)(2)(i), (v);

·         Two or more crimes involving moral turpitude (and one or no CIMT’s exist after pardon).  INA § 8 USC 1227(a)(2)(ii), (v);

·         An aggravated felony.  INA § 8 USC 1227(a)(2)(iii), (v); or

·         High-speed flight from an immigration checkpoint under 18 U.S.C. § 758.  INA § 8 USC 1227(a)(2)(iv), (v).^[1]

A pardon will not eliminate deportability based on other grounds; for example, the domestic violence ground, even if the conviction also is a crime involving moral turpitude or aggravated felony.[2]  The corresponding grounds of inadmissibility at 8 USC 1182(a)(2) do not contain any provisions authorizing a pardon to eliminate these grounds, although there are arguments in favor of extending the reach of a pardon to certain of these provisions.  There is no legal precedent on this issue.  Additionally, a pardon will not erase the deportation consequences of a conviction if:

·         The pardon was not full (i.e., restoring only some civil rights, like voting).[3] 

·         The pardon was predicated upon fulfillment of any conditions (i.e., good behavior).[4]

·         The pardon was from anyone other than the U.S. President or a Governor of one of the United States. [5]

Washington State judges do not have the power to grant a pardon of a crime to alleviate the immigration consequences on the defendant[6] The Ninth Circuit has likewise held that judicial pardons have no effect in erasing convictions for immigration purposes.[7]

Although very difficult to obtain, a pardon from the Governor can eliminate deportability for certain grounds.  Even where it cannot limit deportation on all grounds, if a pardon can eliminate deportability under the aggravated felony provision, the noncitizen may then become eligible for certain forms of relief from deportation.  These might include cancellation of removal for longtime permanent residents under 8 USC 1229b(a) or asylum which an aggravated felony conviction would normally bar.[8]