Shaheen Rehman v. Immigration and Naturalization Service

I concur in Judge Lumbard’s carefully considered opinion. I would only add that in my view, even if the term “convicted” as used in 8 U.S.C. § 1251(a)(ll) were construed to embrace state judgments which are later expunged, the simultaneous issuance of the Certificate of Relief from Disabilities prevents the state court’s adjudication of guilt from amounting to a conviction. Thus, I believe that even under a “formalistic” construction of the statutes at issue, as distinguished from the liberal interpretation in favor of an alien which is mandated, Lennon v. I.N.S., 527 F.2d 187 (2d Cir. 1975),…