Safe Havens
§ 4.1 I. Introduction
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This chapter will discuss the dispositions in a criminal case that do not trigger any conviction-based ground of deportation, i.e., that are safe havens. These safe havens fall into several categories.
(1) Persons whose citizenship status or nationality renders them immune
from the grounds of deportation. See § § 4.4-4.7, infra;
(2) Dispositions under a procedure that is not considered criminal
procedure, so the disposition is not considered a conviction of a
crime, see § § 4.9-4.12, infra;
(3) Dispositions of criminal cases that do not constitute convictions,
under the immigration-law definition of “conviction.” See § § 4.13- 4.19, infra.
(4) Convictions in criminal cases that are not considered sufficiently
final to permit the initiation of deportation proceedings, because an
appeal is pending or they are still subject to appeal, see § 4.20-4.23,
infra;
(5) Convictions that have been effectively eliminated for immigration
purposes by some form of post-conviction relief, see § § 4.24-4.29,
infra;
(6) Convictions that are defective on some ground that may be raised in immigration court as a defense to removal, see § § 4.30-4.33, infra; and
(7) Convictions that do not follow admission do not trigger any ground of removal described in INA § 237(a), 8 U.S.C. § 1227(a). See § 4.34, infra.
If a disposition qualifies as one of these general safe havens, it does not trigger deportation under any ground. A checklist of all conviction-based grounds of deportation is given in § 4.2, infra. A detailed checklist of these general safe havens is given in § 4.3, infra. This checklist of safe havens should be consulted in every case in which a conviction might be a basis of deportation. Even if the conviction itself is a safe haven, and does not trigger a ground of deportation, the underlying conduct, or other conduct, may trigger a conduct-based ground of deportation. See § 1.16, supra.
