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In re Luviano-Rodriguez

21 I&N Dec. 235 (B.I.A. 1996)
In re Luviano-Rodriguez

45 Cited authorities

  1. Dickerson v. New Banner Institute, Inc.

    460 U.S. 103 (1983)   Cited 462 times
    Holding that federal law defines terms in federal statutes unless Congress indicates otherwise

  2. Berman v. United States

    302 U.S. 211 (1937)   Cited 612 times
    Holding that the final judgment in a criminal case is the sentence

  3. Paredes-Urrestarazu v. U.S. I.N.S.

    36 F.3d 801 (9th Cir. 1994)   Cited 113 times
    Holding that an IJ is entitled to special deference when "[t]he IJ's factual premise . . . is based solely on his purported eye-witness observation of Petitioner's reactions, rests on inferences drawn exclusively from the petitioner's demeanor"

  4. Yanez-Popp v. U.S. I.N.S.

    998 F.2d 231 (4th Cir. 1993)   Cited 29 times
    Holding Maryland court's granting of "probation without judgment" constituted a conviction within the meaning of the immigration laws

  5. Adams v. County of Sacramento

    235 Cal.App.3d 872 (Cal. Ct. App. 1991)   Cited 31 times
    Comparing Kansas statute to California statute, and noting that expungement under Penal Code § 1203.4 "does not eviscerate a conviction or purge a defendant of the guilt established thereby"

  6. Aguilera-Enriquez v. Immigration Nat. Serv

    516 F.2d 565 (6th Cir. 1975)   Cited 56 times   1 Legal Analyses
    Discussing Pino and finality for immigration purposes

  7. White v. I.N.S.

    17 F.3d 475 (1st Cir. 1994)   Cited 27 times
    Holding that a conviction is final if direct appellate review has been either exhausted or waived

  8. Molina v. I.N.S.

    981 F.2d 14 (1st Cir. 1992)   Cited 25 times   1 Legal Analyses
    Examining Rhode Island's nolo contendere scheme to determine whether nolo pleas constitute "convictions" under Ozkok

  9. Kin Sang Chow v. Immigration & Naturalization Service

    12 F.3d 34 (5th Cir. 1993)   Cited 22 times
    Holding that IMMAct "completely supersedes all former versions of legislation dealing with deportation for firearm offenses."

  10. Wilson v. I.N.S.

    43 F.3d 211 (5th Cir. 1995)   Cited 20 times
    Adopting Ozkok

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,334 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,057 times   36 Legal Analyses
    Adopting this definition

  13. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,154 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  14. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,130 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  15. Section 701 - Certificate of relief from disabilities

    N.Y. Correct. Law § 701   Cited 91 times

    1. A certificate of relief from disabilities may be granted as provided in this article to relieve an eligible offender of any forfeiture or disability, or to remove any bar to his employment, automatically imposed by law by reason of his conviction of the crime or of the offense specified therein. Such certificate may be limited to one or more enumerated forfeitures, disabilities or bars, or may relieve the eligible offender of all forfeitures, disabilities and bars. Provided, however, that no such

  16. Section 137.225 - Order setting aside conviction or record of criminal charge; fees; prerequisites; limitations

    ORS § 137.225   Cited 87 times
    Permitting a criminal defendant who has had their conviction set aside to petition the court to issue an order sealing the record of conviction

  17. Section 9.95.240 - Dismissal of information or indictment after probation completed-Vacation of conviction

    Wash. Rev. Code § 9.95.240   Cited 70 times
    Stating that a defendant can seek dismissal “at any time prior to the expiration of the maximum period of punishment for the offense for which he [or she] has been convicted”

  18. Section 19-2604 - DISCHARGE OF DEFENDANT - AMENDMENT OF JUDGMENT

    Idaho Code § 19-2604   Cited 65 times
    Authorizing courts to terminate a sentence, set aside a guilty plea or conviction, and dismiss the case if the court determines "there is no longer cause for continuing the period of [defendant's] probation"

  19. Section 1252a - Transferred

    8 U.S.C. § 1252a   Cited 43 times

    8 U.S.C. § 1252a EDITORIAL NOTES CODIFICATIONSection 1252a, act June 27, 1952, ch. 477, title II, ch. 5, §242A, as added Nov. 18, 1988, Pub. L. 100-690, title VII, §7347(a), 102 Stat. 4471, as amended, which related to expedited removal of aliens convicted of committing aggravated felonies, was renumbered section 238 of ch. 4 of title II of act June 27, 1952, by Pub. L. 104-208, div. C, title III, §308(b)(5), Sept. 30, 1996, 110 Stat. 3009-615, and was transferred to section 1228 of this title.

  20. Section 638.02 - [Repealed]

    Minn. Stat. § 638.02   Cited 7 times

    Minn. Stat. § 638.02 (10780) RL s 5425; 1941 c 377 s 1; 1955 c 448 s 1; 1963 c 819 s 1; 1974 c 582 s 1; 1987 c 276 s 4; 1991 c 319 s 26; 1992 c 569 s 30-32; 1993 c 159 s 2; 2003 c 28 art 3 s 11; 2005 c 83 s 1 Repealed by 2023 Minn. Laws, ch. 52,s 8-21, eff. 5/19/2023.