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Mejia: "Conviction" under Immigration law

By Tim Cone

In Mejia v. U.S. Dep?t of Homeland Security, No. 09-14273 (Jan. 4, 2011), the Court held that a prior guilty plea, followed by a finding of guilt and a sentence of time served, in Florida court, qualified as a prior ?conviction? for purposes of the immigration laws. Consequently, Mejia, an alien, was ineligible from protection from removal from the United States.The Court recognized that no formal punishment was imposed. However, a finding of guilt, coupled with a sentence for time served, qualified as a ?conviction,? because these two together brought finality to the case and constituted an ?adjudication.? Moreover, there was no indication that adjudication had been withheld.The Court recognized that under Florida law, a sentence of time served is not a sentence...continue to full post

Full post as published by Defense Newsletter Blog on January 05, 2011 (boomark / email).