Sec. 1518. Convictions
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/bill/115/s/2192/pcs/section-1518·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ), as amended by sections 1511 through 1513, is further amended by adding at the end the following: For purposes of determining whether an underlying criminal offense constitutes a ground of inadmissibility under this subsection, all statutes or common law offenses are divisible if any of the conduct encompassed by the statute constitutes an offense that is a ground of inadmissibility. If the conviction records, such as charging documents, plea agreements, plea colloquies, and jury instructions, do not conclusively establish whether a crime constitutes a ground of inadmissibility, the Attorney General, the Secretary of State, or the Secretary may consider other evidence related to the conviction, including police reports and witness statements, that clearly establishes that the conduct leading to the alien’s conviction constitutes a ground of inadmissibility. .
Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ), as amended by sections 1511 through 1513, is further amended by adding at the end the following: For purposes of determining whether an underlying criminal offense constitutes a ground of deportability under this subsection, all statutes or common law offenses are divisible if any of the conduct encompassed by the statute constitutes an offense that is a ground of deportability. If the conviction records, such as charging documents, plea agreements, plea colloquies, and jury instructions, do not conclusively establish whether a crime constitutes a ground of deportability, the Attorney General or the Secretary may consider other evidence related to the conviction, including police reports and witness statements, that clearly establishes that the conduct leading to the alien’s conviction constitutes a ground of deportability. .
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