Pinho v. Atty Gen USA

OPINION OF THE COURT

FISHER, Circuit Judge.

In this case we are asked to decide when a vacated criminal conviction remains a “conviction,” and when it does not, for purposes of determining an immigrant’s eligibility for deportation. We conclude that the government may reasonably draw a distinction between convictions vacated for rehabilitative purposes and those vacated because of underlying defects in the criminal proceedings, and we establish a categorical test to guide this determination. Applying this test, we will reverse the judgment of the District Court.

I

A

Petitioner Gummersindo Pinho, a…