DINGUS

Citations

• 28 I. & N. Dec. 529

Syllabus

(1) If a State court's nunc pro tunc order modifies or amends the subject matter of a ‍conviction based on a procedural or substantive defect in the underlying criminal proceedings, the original conviction is invalid for immigration purposes and we will give full effect to the modified conviction however, if the modification or amendment is entered for reasons unrelated to the merits of the underlying proceedings, the modification will not be given any effect and the original conviction remains valid. Matter of Pickering, 23 I&N Dec. 621 (BIA 2003), rev'd on other grounds, Pickering v. ‍Gonzales, 465 F.3d 263 (6th Cir. 2006), followed. (2) Section 18.2-248 of the Virginia Code, which criminalizes the distribution of a ‍controlled substance, is divisible with respect to the identity of the specific \controlled substance\ involved in a violation of that statute.