Matter of Wong, 28 I&N Dec. 518 (BIA 2022)(NJ disorderly conduct offense a "conviction")

Matter of Wong, 28 I&N Dec. 518 (BIA 2022) - A finding of guilt in a proceeding that affords defendants all of the constitutional rights of criminal procedure that are applicable without limitation and that are incorporated against the States under the Fourteenth Amendment is 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) (2018). Matter of Eslamizar, 23 I&N Dec. 684 (BIA 2004), clarified. 

"We again conclude that the respondent’s disorderly persons offense under section 2C:20-4(a) of the New Jersey Statutes constitutes a “conviction” within the meaning of section 101(a)(48)(A) of the Act. ... The respondent maintains that his New Jersey disorderly conduct offense was not a conviction within the meaning of the Act because defendants in New Jersey disorderly conduct proceedings are not entitled to an indictment by grand jury or to a jury trial; New Jersey disorderly conduct offenses do not give rise to any legal disability or disadvantage; and disorderly conduct offenses are not “crimes” as defined by State law. We reject the respondent’s arguments."