Legal Opinion

GARCIA

Board of Immigration Appeals

Decided July 1, 1985No. ID 2995PublishedCited by 6 opinions

1Opinion of the Court

Interim Decision #2995 MATTER OF GARCIA In Deportation Proceedings A-36664307 Deckled by Board October 9, 1985 (1) Although Article 42.12, section ad of the Texas Code of Criminal Procedure is not a first offender statute, a person sentenced to probation under that statute has not been convicted for immigration .purposes because adjudication of guilt has been withheld by the trial court. (2) Where thpra has been no affirmative showing that the trial judge lacked author- ity under Texas law to order a new trial and resentence the respondent, the Board of Immigration Appeals will not question…

2Cases cited15 opinions

  1. McNew v. StateCourt of Criminal Appeals of Texas · 1978
  2. WERKBoard of Immigration Appeals · 1977
  3. Ex Parte ShillingsCourt of Criminal Appeals of Texas · 1982
  4. SEDABoard of Immigration Appeals · 1980
  5. ANDRADEBoard of Immigration Appeals · 1974

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3Cited by6 opinions

  1. Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  2. OZKOKBoard of Immigration Appeals · 1988
  3. ROLDANBoard of Immigration Appeals · 1999
  4. Geilher Molina v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1992
  5. MANRIQUEBoard of Immigration Appeals · 1995

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