Arguing That a California Infraction is Not a Conviction; Test for Non-Misdemeanor Offenses

Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar , 25 I&N Dec. 850 (BIA 2012).

Immigrant Legal Resource Center Practice advisory Oct 15, 2012 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on Crimes; review the source material for the most current authority and procedure.

Topics

Crimes and categorical approach BIA appeals

Workflows

BIA, PFR, and federal court Crim-imm screening

Forums

BIA

Jurisdictions

National