Feb 06, 2012 Non-U.S. citizens: Setting aside a conviction does not necessarily help your immigration problems
Non-U.S. citizens: Setting aside a conviction does not necessarily help your immigration situation, as Dung Phan recently learned. Phan v. Holder, et al., ___ F.3d ___ (4th Cir., Feb. 1, 2011).
Phan was convicted and sentenced for a drug felony in the Washington, D.C., Superior Court, and his conviction later was set aside under the Youth Act after successful completion of probation.
However, the Fourth Circuit determined that the setting aside of his conviction did not assist him in the immigration realm, here with a naturalization application. Phan.
The question now is what will stand in the way of Phan’s being deported, as much as I do not want him deported.