ROLDAN

Citations

• 22 I. & N. Dec. 512

Syllabus

ROLDAN, 22 I&N Dec. 512 (BIA 1999) ID 3377 (PDF) (1) Under the statutory definition of \conviction\ provided at section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (Supp. II 1996), no effect is to be given in immigration proceedings to a state action which purports to expunge, dismiss, cancel, vacate, discharge, or otherwise remove a guilty plea or other record of guilt or conviction by operation of a state rehabilitative statute. (2) With the enactment of the federal statute defining \conviction\ with respect to an alien, our decisions in Matter of G-, 9 I&N Dec. 159 (BIA 1960, A.G. 1961) Matter of Ibarra-Obando, 12 I&N Dec. 576 (BIA 1966, A.G. 1967) Matter of Luviano, Interim Decision 3267 (BIA 1996), and others which address the impact of state rehabilitative actions on whether an alien is \convicted\ for immigration purposes are no longer controlling. (3) Once an alien is subject to a \conviction\ as that term is defined at section 101(a)(48)(A) of the Act, the alien remains convicted for immigration purposes notwithstanding a subsequent state action purporting to erase the original determination of guilt through a rehabilitative procedure. (4) The policy exception in Matter of Manrique, Interim Decision 3250 (BIA 1995), which accorded federal first offender treatment to certain drug offenders who had received state rehabilitative treatment is superseded by the enactment of section 101(a)(48)(A), which gives no effect to state rehabilitative actions in immigration proceedings. Matter of Manrique, supra, superseded. (5) An alien, who has had his guilty plea to the offense of possession of a controlled substance vacated and his case dismissed upon termination of his probation pursuant to section 19-2604(1) of the Idaho Code, is considered to have a conviction for immigration purposes.