Understanding Immigration Law and Practice (Aspen College Series)

by Ayodele Gansallo

For immigration purposes, the term “conviction” is defined in INA §101 (a)(48)(A) as follows: a formal judgment of guilt of the [foreign national] entered by a court or, if adjudication of guilt has been withheld, where: (i) a judge or jury has found the [foreign national] guilty or the [foreign national] 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 [foreign national’s] liberty to be imposed.

A sentence, for immigration purposes, is defined as “the period of incarceration or confinement ordered by a court of law, regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.”

Does Florence have a conviction for the purposes of the INA?

Yes, becauyse she pled guilty in a court of law under INA § 101(a)(48)(A)(i)