quick reference chart and notes for determining immigration - ILRC

California Quick Reference Chart and Notes
February 2010
A noncitizen “who admits having committed, or who admits committing acts which
constitute the essential elements” of any offense relating to a federally defined controlled
substances is inadmissible, even if there is no conviction. 126 This is a formal admission of all of
the elements of a crime under the jurisdiction where the act was committed. The Ninth Circuit
stated that an admission at a visa medical appointment may qualify as an admission. 127
Where a conviction by plea was eliminated for immigration purposes by rehabilitative
relief, under Lujan-Armendariz, the old guilty plea may not serve as an “admission” for this
purpose. Neither can a later admission, for example to an immigration judge. The Board of
Immigration Appeals has held that if a criminal court judge has heard charges relating to an
incident, immigration authorities will defer to the criminal court resolution and will not charge
inadmissibility based on a formal admission of the underlying facts. 128 However, counsel
should guard against formal admissions to a judge or other official of a crime that is not resolved
in criminal court.
126 INA § 212(a)(2)(A)(i)(II), 8 USC § 1182(a)(2)(A)(i)(II) .
127 Pazcoguin v. Radcliffe, 292 F.3d 1209, 1214-15 (9th Cir. 2002).
128 See, e.g., Matter of E.V., 5 I&N Dec. 194 (BIA 1953) (PC § 1203.4 expungement); Matter of G, 1 I&N Dec. 96
(BIA 1942) (dismissal pursuant to Texas statute);
Immigrant Legal Resource Center N-83