One thing must be clearly understood: criminal cases are in no way relit gated in Immigration Court. An Immigration Judge will not go behind a criminal conviction, nor question the underlying sufficiency of it. Matter of Roberts, 20 I. & N. Dec. 294 (IA 1991). Submission of a certified copy of the conviction generally constitutes the entire evidentiary portion of the deportation hearing. Whatever is said in that certified copy is conclusively proven in deportation proceedings.
It therefore does not matter what the alien did or did not do - the only thing that matters is what the judgment says he or she did. Deportability becomes a pure question of law: whether the judgment submitted qualifies as a "conviction," and whether the offense qualifies as one of the deportable categories contained in the Immigration and Nationality Act
It therefore does not matter what the alien did or did not do - the only thing that matters is what the judgment says he or she did. Deportability becomes a pure question of law: whether the judgment submitted qualifies as a "conviction," and whether the offense qualifies as one of the deportable categories contained in the Immigration and Nationality Act
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