BIA Finds that FL Deferred Adjudication Constitutes "Conviction by Final Judgment"

The Board of Immigration Appeals has determined that a Florida deferred adjudication - which involved a defendant who pled nolo contendere and received a probationary sentence - not only qualifies as a conviction for immigration purposes, but also qualifies as a “conviction by final judgment” for particularly serious crime purposes.

The full text of Matter of D-L-S- can be found here:

https://www.justice.gov/eoir/page/file/1512791/download

Fourth Circuit Finds that Virginia Deferred Adjudication Qualifies as a Conviction for Immigration Purposes

The Fourth Circuit has determined that a deferred adjudication program which requires a defendant to plead guilty at the outset still qualifies as a conviction if the judge imposes probation.  The Court noted that it would have reached a different outcome if the defendant had not been required to enter a guilty plea.  The Court recognized that its decision created "a disparity between defendants who plead guilty under the Virginia first offender statute and those who plead not guilty."

The full text of Payan-Jaquez v. Sessions can be found here: 

http://www.ca4.uscourts.gov/Opinions/Published/161147.P.pdf