No Contest Plea to Wyo. Drug Offense Is Agg Felony Despite Deferred Sentence
Gradiz v. Gonzales, --- F.3d ----, 2007 WL 1765527 (10th Cir. June 20, 2007)
Alien’s no contest plea to Wyoming drug offense for which he received a deferred sentence was a conviction under the Imm. & Nationality Act, 8 U.S.C. § 1101(a)(48)(A), which defines an alien’s no contest plea as a conviction. Also, employing the Taylor categorical approach, the Wyoming offense was an aggravated felony (he failed to exhaust this challenge administratively, but his failure to exhaust would have been excused if he had shown that the offense was not an aggravated felony). He was properly ordered deported.
Alien’s no contest plea to Wyoming drug offense for which he received a deferred sentence was a conviction under the Imm. & Nationality Act, 8 U.S.C. § 1101(a)(48)(A), which defines an alien’s no contest plea as a conviction. Also, employing the Taylor categorical approach, the Wyoming offense was an aggravated felony (he failed to exhaust this challenge administratively, but his failure to exhaust would have been excused if he had shown that the offense was not an aggravated felony). He was properly ordered deported.
posted by Anonymous at 10:12 AM
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