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STATE PARDON DOES NOT ENTITLE INADMISSABLE ALIEN CONVICTED OF CRIME RELATED TO CONTROLLED SUBSTANCE TO WAIVER OF DEPORTABILITY

By Walin & Klarich

A recent 9th Circuit Court of Appeal decision held that a state pardon does not remove all legal consequences of a conviction. This case involves an illegal alien who had a long history of illegal presence in the United States. On February 4, 1993 he pled guilty to unlawful possession of cocaine. On April 30, 2001, he filed an application for adjustment of status to permanent resident due to his marriage to a United States citizen. The application was denied by the Department of Homeland Security for two reasons: 1) he was inadmissible for status as a permanent resident due to his second removal within a ten year period; and 2) violating the law relating to a controlled substance in 1993. The denial included a Notice to Appear before an IJ for removal proceedings...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 31, 2008 (boomark / email).