Legal Opinion · Dissent

Vijaya Boggala v. Jefferson Sessions III

Court of Appeals for the Fourth Circuit

Decided August 9, 2017No. 16-1558Published

1DissentDiaz, Circuit Judge

Boggala’s deferred prosecution agreement counts as a conviction for immigration purposes only if he “admitted sufficient facts to warrant a finding of guilt.” 8 U.S.C. § 1101(a)(48)(A)(i). Specifically, we must consider whether Boggala’s signature on the “Information” document, his check-mark-, on the deferred prosecution agreement form, and his statements at the deferred prosecution hearing constitute the admission of sufficient facts upon which a North Carolina court could find Boggala guilty- of a crime. Because the answer is no, I respectfully dissent.

I

Boggala’s signature on the…

2Cases cited5 opinions

  1. United States v. David Allen Hagen Defusco, (Two Cases)Court of Appeals for the Fourth Circuit · 1991
  2. United States v. MastrapaCourt of Appeals for the Fourth Circuit · 2007
  3. State v. SinclairSupreme Court of North Carolina · 1980
  4. State v. FlintCourt of Appeals of North Carolina · 2009
  5. State v. WilliamsCourt of Appeals of North Carolina · 2009

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