United States Fourth Circuit

Petition granted; reversed and remanded the decision of the Board of Immigration Appeals which had found that payment of court costs qualified as a conviction under the Immigration and Naturalization Act. Plaintiff entered the US illegally and then several years later pled guilty to a misdemeanor marijuana charge where the court withheld adjudication of guilt and assessed $100 in court costs. The Fourth Circuit held that the assessment of court costs was not a punishment and therefore there was not a conviction.

Appellate Information

• Published 2018/06/28

Judges

• Wynn

Court

• United States Fourth Circuit

Counsel