Third Circuit: Omar Frias-Camilo v. Attorney General United States

Immigration, FRCrimP, Statutory Construction

As the Immigration statute regards convictions as having an adjudication and a punishment, and circuit precedent regards the linking "and" as conjunctive, the FRCrimP standard of conviction cannot be used to interpret the Act.  Rather, state actions which incorporate either finding of guilt or punishment can qualify.

Omar Frias-Camilo v. Attorney General United States