Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Criminal Law
The Problem Of Foreign Convictions In U.S. Immigration Law, Geoff Cebula
The Problem Of Foreign Convictions In U.S. Immigration Law, Geoff Cebula
Notre Dame Law Review
Part I argues that the definition of “conviction” in the INA implicitly leaves room for courts to inquire into the procedural fairness underlying a foreign conviction. Part II surveys the traditional standards for evaluating the sufficiency of foreign convictions in the contexts of extradition and international comity, two areas where U.S. courts have had to decide when to honor foreign judgments for centuries. These longstanding criteria formed the background against which the INA definition was adopted and may provide guidance on how to apply this definition. Accordingly, Part III derives from this analysis suggestions for how the Department of State …