OZKOK

Citations

• 19 I. & N. Dec. 546

Syllabus

OZKOK, 19 I&N Dec. 546 (BIA 1988) ID 3044 (PDF) (1) A conviction exists for immigration purposes where an alien has had a formal judgment of guilt entered by a court or, if adjudication of guilt has been withheld, where all of the followingelements are present: (1) a judge or jury has found the alien guilty or he has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilty, (2) thejudge has ordered some form of punishment, penalty, or restraint on the person's liberty to be imposed, and (3) a judgment or adjudication of guilt may be entered if the person violates theterms of his probation or fails to comply with the requirements of the court's order, without availability of further proceedings regarding his guilt or innocence of the original charge. Matter ofGarcia, 19 I&N Dec. 270 (BIA 1985) Matter of Zangwill, 18 I&N Dec. 22 (BIA 1981) Matter of Seda, 17 I&N Dec. 550 (BIA 1980) Matter of Robinson, 16 I&N Dec. 762 (BIA 1979) Matter ofVaragianis, 16 I&N Dec. 48 (BIA 1976) Matter of Pikkarainen, 10 I&N Dec. 401 (BIA 1963) and Matter of L-R-, 8 I&N Dec. 269 (BIA 1959), overruled in part. (2) A conviction for a crime involving moral turpitude may not support an order of deportation if it has been expunged. Matter of Gutnick, 13 I&N Dec. 672 (BIA 1971) Matter of Ibarra-Obando, 12 I&N Dec. 576 (BIA 1966 A.G. 1967) Matter of G-, 9 I&N Dec. 159 (BIA 1960 A.G. 1961), followed. (3) A conviction for a narcotics or marihuana violation is final regardless of the possibility of expunction. Matter of A-F-, 8 I&N Dec. 429 (BIA, A.G. 1959), followed. (4) The respondent, whose adjudication of guilt was stayed and whose proceedings were deferred after his plea of guilty to possession of cocaine and who was ordered to complete 3 years of probation and 100 hours of volunteer community service pursuant to a state statute which allowed the court to enter judgment and proceed with disposition of the person upon viola-tion of probation as