Matter of Thomas and Thompson Attorney General Precedent on Sentence Modifications
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
Overrules Matter of Cota-Vargas, Matter of Song, and Matter of Estrada to establish that state-court orders altering, modifying, or clarifying a criminal sentence are given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding, and not if based on reasons unrelated to the merits, such as rehabilitation or avoiding immigration consequences. Phase scope: Nationwide across all immigration courts, the Board of Immigration Appeals, and DHS adjudications
Conditions and exceptions
Validated condition or limit: Overrules Matter of Cota-Vargas, Matter of Song, and Matter of Estrada to establish that state-court orders altering, modifying, or clarifying a criminal sentence are given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding, and not if based on reasons unrelated to the merits, such as rehabilitation or avoiding immigration consequences.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
(2) Such state-court orders will be given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding; these orders will have no effect for immigration purposes if based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or the avoidance of immigration consequences.
Review method
Two separate automated exact-claim source reviews
Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-8e3aa541d359a44ce9d8. Something wrong? Flag this record.
Other United States changes operative in 2019
- 2019-01-25Policy Guidance for Implementation of the Migrant Protection Protocols
- 2019-04-01H-1B cap selection order changes for the FY2020 season
- 2019-07-15Mandatory Detention for Aliens Transferred from Expedited Removal Post Credible Fear (Matter of M-S-)
- 2019-07-16Asylum Eligibility and Procedural Modifications for Third-Country Transits
- 2019-07-23Designating Aliens for Expedited Removal
- 2019-07-23Replacement immigrant-visa fee relief specified for qualifying adoptive families
- 2019-07-29Heightened Particular Social Group Standard for Nuclear Families in Asylum Adjudications (Matter of L-E-A-)
- 2019-10-11Adjudication Standards for USCIS Consent and Parental Reunification in Special Immigrant Juvenile Status (Matter of D-Y-S-C-)
- 2019-10-25Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)
- 2019-11-01Presidential Determination on Refugee Admissions for Fiscal Year 2020
- 2019-11-19Asylum cooperative-agreement screening and transfer procedures created