Crimes of Moral Turpitude

(C)  Direct Appeal of Sentence.  The government may argue that direct appeal from the judgment involving only sentence or post-judgment issues does not destroy the finality of the conviction for immigration purposes, but this conclusion may be challenged in a petition for review since the statute requires a sentence as part of a conviction.[128]  For further discussion, see N. Tooby & J. Rollin, Criminal Defense of Immigrants § 7.37 (4th Ed. 2007).

[128] Matter of Chairz-Castaneda, 21 I. & N. Dec. 44 (BIA Apr. 28, 1995) (right to appeal such issues as whether a violation of probation has occurred or the sentence imposed upon entry of judgment was correct will not prevent a finding of a final conviction for immigration purposes; to disturb finality, issues on appeal must relate to the issue of “guilt or innocence of the original charge.”).  This decision contravenes authorities holding no conviction exists unless sentence has been imposed.  See N. Tooby & J. Rollin, Criminal Defense of Immigrants § 7.20 (4th Ed. 2007).