IN THE MATTER OF SEDA

1 Citing case

  1. Martinez-Montoya v. I.N.S.

    904 F.2d 1018 (5th Cir. 1990)   Cited 31 times
    Holding that deferred adjudication under Texas law did not qualify as "conviction" for federal immigration purposes under the pre-IIRIRA definition

    Until the BIA decision in Ozkok, the INS consistently applied this same test to a myriad of immigration matters for over thirty years. See, e.g., Matter of Garcia, Int. Dec. 2995 (BIA 1985); Matter of Zangwill, 18 I N Dec. 22 (BIA 1981); Matter of Seda, 17 I N Dec. 550 (BIA 1980); Matter of Robinson, 16 I N Dec. 762 (BIA 1979); Matter of Varagianis, 16 I N Dec. 48 (BIA 1976); Matter of Pikkarainen, 10 I N Dec. 401 (BIA 1963). In Ozkok, however, the BIA rejected this well-established test as too narrow and undesirably subject to the vagaries of state law.