A drug conspiracy conviction that includes a sentence without jail time, probation, or any other penalty, can still trigger deportation proceedings under the Immigration and Nationality Act
Frias-Camilo v. Att'y Gen., 2016 BL 201232, 3d Cir., No. 15-3733, 6/23/16.
AThird Circuit court found that a guilty conviction, even those without an actual sentence or restraint on personal liberty, still can trigger deportation proceedings. The defendant pled guilty in his criminal trial, was convicted, and then was given a “guilty without further penalty” sentence. He argued that without an actual sentence, his conviction did not fit into the federal sentencing statutes that would establish any guilt allowing for deportation.
The court rejected the defendant’s arguments, noting that the Immigration and Nationality Act does not place a punishment or sentencing component in the act’s definition of “conviction.” The court further argued that although there is no sentencing option for a “guilty without further penalty” in federal statute, the state statute clearly provides for this type of sentencing, which would trigger deportation. “We do not hesitate to conclude that a sentence of ‘guilty without further penalty’ is a ‘sentence’ for purposes of the INA.”
http://www.bloomberglaw.com/public/document/FriasCamilo_v_Atty_Gen_No_153733_2016_BL_201232_3d_Cir_June_23_20.
