Viveiros v. Holder, No. 11-1535 (1st Cir. 2012)Annotate this Case
Petitioner, a Portuguese national, was admitted into the U.S. in 1984 as a lawful permanent resident. Roughly a quarter-century later, Massachusetts authorities charged him with shoplifting and larceny, arising out of separate crimes allegedly committed at separate times and places. Petitioner pleaded guilty to the shoplifting charge and was fined $250. He pleaded guilty to the larceny charge and was sentenced to 18 months of probation. The shoplifting fine was never paid, but was vacated. DHS commenced removal proceedings based on convictions for two independent crimes of moral turpitude, 8 U.S.C. 1227(a)(2)(A)(ii). The IJ rejected petitioner's argument that he had not been "convicted," and ordered removal. The BIA affirmed. The First Circuit denied appeal. A "conviction" can occur if there is "a formal judgment of guilt of the alien entered by a court," 8 U.S.C. 1101(a)(48)(A), which occurred in this case, despite the fact that petitioner was never punished.