Conviction defined for purpose of deprtation

[AmericanWannabe]

GROUNDS FOR DEPORTATION [apply to
lawfully admitted noncitizens, such as a lawful
permanent resident [LPR] – greencard holder]

Domestic Violence conviction or other domestic
offenses, including:
- Crime of domestic violence
- Stalking
- Child abuse, neglect or abandonment
- Violation of order of protection (criminal or civil)

Conviction Defined:

“A formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where:
(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted
sufficient facts to warrant a finding of guilt, AND
(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.”
THUS:
◆ A drug treatment or domestic violence counseling alternative to incarceration disposition could be considered a conviction for
immigration purposes if a guilty plea is taken (even if the guilty plea is or might later be vacated)
◆ A deferred adjudication disposition without a guilty plea (e.g., NY ACD) will not be considered a conviction
◆ A youthful offender adjudication will not be considered a conviction if analogous to a federal juvenile delinquency disposition
(e.g., NY YO)

Source: NYSDA