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§ 4.16 (A)

 





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(A)  In General.  Any form of dismissal that does not follow either a plea of guilty or no contest, or an admission of “sufficient facts to warrant a judgment of guilt,” does not constitute a conviction for immigration purposes.[95]  This can include dismissal as a result of a pre-trial motion or for insufficient evidence or for any other reason, as long as there has been no prior plea of guilty or no contest.  Since the requirements of the statutory definition of conviction[96] are not met, there is no conviction for immigration purposes.
  
        
[95] INA §  101(a)(48)(A)(i), 8 U.S.C. §  1101(a)(48)(A)(i).
    
[96] INA §  101(a)(48)(A), 8 U.S.C. §  1101(a)(48)(A).

  









 

	

	 

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