MARROQUIN

Citations

• 23 I. & N. Dec. 705

Syllabus

MARROQUIN, 23 I&N Dec. 705 (A.G. 2005) ID 3507 (PDF) (1) The federal definition of “conviction” at section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2000), encompasses convictions, other than those involving first-time simple possession of narcotics, that have been vacated or set aside pursuant to an expungement statute for reasons that do not go to the legal propriety of the original judgment, and that continue to impose some restraints or penalties upon the defendant’s liberty. (2) An alien whose firearms conviction was expunged pursuant to section 1203.4 of the California Penal Code has been “convicted” for immigration purposes.