CHAIREZ

Citations

• 21 I. & N. Dec. 44

Syllabus

CHAIREZ, 21 I&N Dec. 44 (BIA 1995) ID 3248 (PDF) (1) A right to appeal such issues as whether a violation of probation has occurred or the sentence imposed upon entry of judgment was correct will not prevent a finding of a final con-viction for immigration purposes under the third prong of the standard set forth in Matter of Ozkok, 19 I&N Dec. 546 (BIA 1988), which requires that any further proceedings available to an alien must relate to the issue of \guilt or innocence of the original charge.\ (2) After a breach of a condition of an order deferring judgment and sentence under Colorado Revised Statutes § 16-7-403, no further proceedings are available to a defendant to contest his guilt. (3) Where the period during which the respondent's judgment and sentence were deferred under Colorado law had been completed, any right he may have had to appeal had lapsed and could no longer prevent a finding that his conviction was final.