Today, the Fourth Circuit ruled that a marijuana disposition under Va. Code § 18.2-251 (also known as 251, which I fully discuss here) is not always a conviction for immigration purposes. Crespo v. Holder, 631 F.3d 130 (4^th Cir., Jan. 11, 2011) . Crespo says:

“We thus start with the language of the relevant statute, which provides:

(48)(A) The term “conviction” means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where–

(i)   a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and

(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.

8 U.S.C. § 1101(a)(48)(A).”

Crespo.

Crespo emphasized that with a 251 disposition (which disposition applies to drug possession beyond just marijuana) : “After [a 251] plea, ‘if the facts found by the court would justify a finding of guilt,’ the court may, ‘without entering a judgment of guilt,’ instead ‘defer further proceedings and place’ the offender on probation. Id. In his case, Crespo pled not guilty to the offense and the judge found facts justifying a finding of guilt and deferred adjudication over the Commonwealth’s objection. Crespo was sentenced to one year of probation, which he served without incident.'”

Crespo conclude by saying: “Congress listed five situations in [8 U.S.C.] § 1101(a)(48)(A)(i) that constitute a sufficient finding of guilt to ensure that an alien engaged in criminal behavior. Crespo’s adjudication under the Virginia deferral statute does not satisfy any of these conditions, and as a result our inquiry must cease.”