Crimes of Moral Turpitude

Chapter

§10.1 I. Introduction
§10.2 II. Elimination of a Conviction
§10.3 A. Vacating the Conviction on a Ground of Legal Invalidity
§10.4 1. A Conviction Vacated as Legally Invalid Causes No Immigration Damage
§10.5 2. The New Definition of Conviction Did Not
§10.6 3. The BIA Decision in Matter of Pickering Did Not Alter This Result
§10.7 4. Full Faith and Credit Precludes Looking Behind the Face of An Order Vacating a Conviction
§10.8 5. Analyzing Immigration-Related Grounds
§10.9 6. Jurisdiction of the Criminal Court to Issue the Order Vacating the Conviction
§10.10 7. Grounds for Vacating a Conviction Based on a Plea of Guilty or No Contest
§10.11 B. State Rehabilitative Relief
§10.12 C. Judicial Recommendation Against Deportation
§10.13 1. Immigration Effects of a JRAD
§10.14 2. Procedural Requirements
§10.15 3. Continuing Validity of Pre-1990 JRADs
§10.16 4. Ineffective Assistance of Counsel
§10.17 5. Vacating the Conviction
§10.18 6. Effective Date
§10.19 7. The Government May Not Collaterally Attack a JRAD
§10.20 8. Bibliography
§10.21 D. Pardon
§10.22 1. Determination of Whether a Pardon Exists
§10.23 2. Foreign Pardons
§10.24 III. Reduction of Felony to Misdemeanor
§10.25 IV. Vacating or Modifying Sentence
§10.26 A. Basic Rule: Most Recent Sentence Governs
§10.27 B. The New Definition of "Conviction" Does Not Alter This Result
§10.28 C. Reducing Sentence
§10.29 D. Grounds to Vacate Sentence
§10.30 V. Reopening Proceedings After a Conviction Has Been Vacated
§10.31 A. Reopening Removal Proceedings
§10.32 B. Reopening Criminal Proceedings

§ 10.32 B. Reopening Criminal Proceedings

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Where a conviction has been vacated on a ground of legal invalidity, and a federal sentence depends upon that conviction, it should be possible to reopen the federal sentencing proceedings and obtain a new sentence rendered without regard to the conviction that has been vacated.[306]

[306] See N. Tooby, Post-Conviction Relief for Immigrants § 6.11 (2004).