BALDERAS

Citations

• 20 I. & N. Dec. 389

Syllabus

BALDERAS, 20 I&N Dec. 389 (BIA 1991) ID 3159 (PDF) (1) A conviction whichhas previously been relied upon in a charge of deportability may be allegedas one of the \two crimes involving moral turpitude\ in a secondproceeding, even though the first proceeding was terminated by a grantof relief under section 212(c) of the Immigration and Nationality Act,8 U.S.C. § 1182(c) (1988), where the second crime alleged is a subsequentconviction or a conviction that was not disclosed in the prior proceeding. (2) A grant of reliefunder section 212(c) of the Act is not akin to a pardon or expungementof theconviction underlying the ground of excludability or charge of deportability. (3) The convictions allegedto be grounds for excludability or deportability do not disappear froman alien's record for immigration purposes upon a grant of relief undersection 212(c) of the Act.