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Immigration Law

BIA Amicus Brief Invitation re Validity of Conviction for Immigration Purposes (due July 27, 2018)

BIA, June 27, 2018 - "Amicus Invitation No. 18-06-27 (Amended)


JUNE 27, 2018

The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:


(1) Is the Board required to give full faith and credit to a judgment issued under Cal. Penal Code § 1203.43 in light of the conviction definition found at section 101(a)(48)(A) of
the Immigration and Nationality Act? Is the Board required to give full faith and credit to such a judgment if an alien has actually been informed of the immigration consequences of his or her plea pursuant to Cal. Penal Code § 1016.5 or otherwise?

(2) To what extent is Cal. Penal Code § 1203.43 rehabilitative in nature? In answering, please include a discussion of Matter of Adamiak, 23 I&N Dec. 878 (BIA 2006), Matter of Pickering, 23 I&N Dec. 621 (BIA 2003), Matter of Rodriguez-Ruiz, 22 I&N Dec. 1378 (BIA 2000), Matter of Roldan, 22 I&N Dec. 512 (BIA 1999), and Matter of Punu, 22 I&N Dec. 224 (BIA 1998). Please also discuss to what extent relief under section 1203.43 is dependent on successful completion of a deferred adjudication program.

(3) Does the legislative history of Cal. Penal Code § 1203.43 reflect that this statute was enacted for the purpose of providing courts with a mechanism to eliminate the immigration consequences of convictions? If so, is it preempted on the ground that it “stands as an obstacle to the accomplishment and execution of the full purpose and objectives of Congress,” Arizona v. United States, 567 U.S. 387, 399-400 (2012)?

(4) Please discuss the prospective application of Cal. Penal Code § 1203.43. Will criminal defendants continue to be “misinformed” about the consequences of accepting a deferred adjudication plea?"