Intelligence Law Glossary - Conviction [HTML-Only]


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Conviction

Statutory Law

8 U.S.C. § 1101(a)(48) (2010) (Title 8—Chapter 12: Immigration and Nationality)

(a) As used in this Act—
   (48) (A) The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where—
         (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and
         (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
      (B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.