In re Adamiak

1 Analyses of this admin-law by attorneys

  1. Guest Post: In Sharper Focus: Overview of Federal Immigration Law.

    University of Cincinnati College of LawMarianna Brown BettmanJune 23, 2015

    Contrast that with R.C. 2953.52(B)(4)(sealing), which deems such proceedings as not to have occurred (although they may be used to determine whether pretrial diversion is appropriate under R.C. 2935.36 –see R.C. 2953.53.)While a conviction vacated solely for ameliorative purposes of immigration consequences of a criminal conviction still remains a valid conviction triggering deportation/removal, a conviction vacated because of legal defects (substantive or procedural) in the underlying proceeding no longer constitutes a conviction for immigration purposes. See Matter of Adamiak (BIA 2006), 23 I&N Dec. 878, available at (http://www.justice.gov /eoir/vll/intdec/vol23/3525.pdf and applying R.C. 2943.031).