Immigration Blog

Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018): BIA Reaffirms Nationwide Rule for Vacated Convictions

On April 6, 2018, the Board of Immigration Appeals (BIA) issued a published decision in Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018). In Matter of Marquez Conde, the Board reaffirmed its decision in Matter of Pickering, 23 I&N Dec. 621 (BIA 2003) regarding the validity of vacated convictions for immigration purposes under section 101(a)(48)(A) of the INA, and modified its decision in order to apply it to cases arising in the jurisdiction of the United States Court of Appeals for the Fifth Circuit. The other Federal circuit courts had already adopted Matter of Pickering. Regarding vacated convictions, the Board held that a conviction that is vacated based on a procedural or substantive defect in the underlying criminal proceedings does not remain valid for immigration purposes. However, a conviction that is vacated for reasons other than a substantive defect in the underlying criminal proceedings, it remains in place for immigration purposes.

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