Is a criminal conviction final for purposes of immigration review if the alien has exhausted or waived direct appellate review?
MultiRegion, United States of America
The following excerpt is from Fierro-Leon v. I.N.S., 56 F.3d 71 (9th Cir. 1995):
A criminal conviction is final for purposes of immigration review if the alien has exhausted or waived direct appellate review. Urbina-Mauricio v. INS, 989 F.2d 1085, 1089 (9th Cir. 1993). In addition, a conviction cannot be collaterally attacked in a deportation proceeding. Id.; Avila-Murrieta v. INS, 762 F.2d 733, 736 (9th Cir. 1985).
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