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BIA on 'Conviction,' Texas Pretrial Intervention: Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)

September 06, 2017 (1 min read)

Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017) - Entry into a pretrial intervention agreement under Texas law qualifies as a “conviction” for immigration purposes under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2012), where (1) a respondent admits sufficient facts to warrant a finding of guilt at the time of his entry into the agreement, and (2) a judge authorizes an agreement ordering the respondent to participate in a pretrial intervention program, under which he is required to complete community supervision and community service, pay fees and restitution, and comply with a no-contact order.