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AG Barr issues Matter of Thomas and Thompson, ruling on the immigration effect of modified criminal convictions

  1. Original Date Announced

    October 25, 2019

    AG Barr decides Matter of Thomas and Thompson, holding that the tests set forth in Matter of Cota, Matter of Song, and Matter of H. Estrada no longer govern the effect of state court orders that modify, clarify, or otherwise alter a criminal sentence. Barr held that such state court orders will be given effect for immigration purposes only when the orders are based on a procedural or substantive defect in the underlying criminal proceeding. They will have no effect for immigration purposes when they are based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or immigration hardship.

    [ID #222]

    Matter of Thomas and Thompson, 27 I&N Dec 674 (AG 2019)
  2. Effective Date

    October 25, 2019

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Adjudication
Subject Matter: Hearings and Adjudications
Agencies Affected: AG EOIR


  • CLINIC - AG Decision Ends Recognition of Sentence Modification

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