Florida Immigration Attorneys

BIA may consider Guilty Plea without a Conviction

On January 27, 2014 the NInth Circuit Court of Appeals in Chavez-Reyes v. Holder upheld the Board of Immigration Appeals (BIA) decsion finding Chavez-Reyes removable based on a reason to believe he was engaged in or assiting others with illicit trafficking in a controlled substance based on circumstantial evidence and a guilty plea to intent to distribute a controlled substance.

The Ninth Circuit panel held the BIA was correct in their considering the guity plea even though the resulting conviction was overturned because the police officers lacked reasonable suspicion to conduct a traffic stop.The BIA did not violate due process rights because the reason for the conviction being overturned did not relate to the voluntariness of the guitly plea.