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November 23, 2005

BIA Says Trial Court Modification of Criminal Sentence Valid for Purposes of Immigration Law

The Board of Immigration Appeals held that "A trial court’s decision to modify or reduce an alien’s criminal sentence nunc pro tunc is entitled to full faith and credit by IJs and the BIA, and such a sentence is thus valid for purposes of immigration law without regard to the trial court’s reasons for the modification or reduction" . Matter of Cota, 23 I&N Dec. 846 (BIA 2005) I.D. #3522.

Posted by VisaLawyer at November 23, 2005 07:07 AM

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