Rosas-Castaneda v. Holder (9th Cir. 2011) This case illustrates the finer points between a conviction for a controlled substance violation and a conviction for an aggravated felony. In most circumstances, the differences are merely academic, because either type of conviction would render a person inadmissible, and therefore, not eligible for immigration benefits. However, in situations […]
Posts Tagged ‘controlled substance’
Immigration Judge May Not Request Corroborating Evidence For Convictions In Removal Hearings
January 15th, 2011 
Max Nuyen Deferred Judgment with Suspended Fine Not Considered Conviction for Purposes of Removal
February 4th, 2010 Max Nuyen Retuta v. Holder (9th Cir. 2010) In this case, the 9th Circuit addressed the question of whether the definition of a “conviction” in accordance with 8 U.S.C. § 1101(a)(48) includes a judgment that withholds an adjudication of guilt and that only imposes a suspended fine. The case arose because DHS placed Retuta, an immigrant from […]
Posted in Deportation and Detention 
Tags: controlled substance, conviction, criminal convictions, deferred judgment, drug possession, minute order, removal, Retuta v. Holder, suspended sentence 
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