Zazueta v. Barr, No. 18-1074 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's order upholding the IJ's finding that petitioner was removeable. The court held that petitioner's 2009 deferred judgment under Iowa Code 907.3(1) was a conviction for immigration purposes under 8 U.S.C. Sec. 1101(a)(48)(A), because he entered a guilty plea and the IJ ordered a restraint on his liberty with deferred judgment and probation. Moreover, the reinstatement of the deferred judgment was not intended to correct a procedural or substantive defect.
Court Description: Shepherd, Author, with Gruender and Wollman, Circuit Judges] Petition for Review - Immigration. The deferred judgment entered in petitioner's criminal case under Iowa Code 907.3(1) was a conviction for immigration purposes under 8 U.S.C. Sec. 1101(a)(48)(A), and the subsequent vacatur of the conviction for rehabilitative reasons did not alter the fact that he had a conviction for removal purposes.
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