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

  1. Date Announced

    Oct. 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]

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  2. Effective Date of Change

    Oct. 25, 2019

Commentary

A.G. Decision Ends Recognition of Sentence Modifications

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