context: These arguments are without merit; petitioner's criminal record satisfies the three tests of Ozkok. First, a finding of guilt was made. Striking the guilty finding did not mean the facts supporting the finding no longer existed; it merely rewarded petitioner for good behavior during probation by technically erasing his conviction for reasons unrelated to its validity on the merits.
citation_a.signal: cf.
citation_a.parenthetical: Court defined new standard for final "conviction" because old standard placed form over substance, "and aliens who [were] clearly guilty of criminal behavior and whom Congress intended to be considered "convicted" [were] permitted to escape the immigration consequences normally attendant upon a conviction."
citation_a.sentence: Garcia-Gonzales v. INS, 344 F.2d 804, 808 (9th Cir.) (a court’s entering of “probation without judgment” does not void a conviction on the merits but merely “rewards the [alien] for good behavior during probation by releasing certain penalties and disabilities”), cert. denied, 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965); cf. Ozkok, 1988 WL 235459,1988 BIA LEXIS at 12 (Court defined new standard for final “conviction” because old standard placed form over substance, “and aliens who [were] clearly guilty of criminal behavior and whom Congress intended to be considered “convicted” [were] permitted to escape the immigration consequences normally attendant upon a conviction.”). Second, just because petitioner’s probation was terminated does not mean some form of punishment was never imposed on him. Regardless of his subsequent termination of probation, it is undisputed that the circuit court did order a “punishment, penalty, or restraint,” e.g. the probation and fine.
citation_b.signal: no signal
citation_b.parenthetical: a court's entering of "probation without judgment" does not void a conviction on the merits but merely "rewards the [alien] for good behavior during probation by releasing certain penalties and disabilities"
citation_b.sentence: Garcia-Gonzales v. INS, 344 F.2d 804, 808 (9th Cir.) (a court’s entering of “probation without judgment” does not void a conviction on the merits but merely “rewards the [alien] for good behavior during probation by releasing certain penalties and disabilities”), cert. denied, 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965); cf. Ozkok, 1988 WL 235459,1988 BIA LEXIS at 12 (Court defined new standard for final “conviction” because old standard placed form over substance, “and aliens who [were] clearly guilty of criminal behavior and whom Congress intended to be considered “convicted” [were] permitted to escape the immigration consequences normally attendant upon a conviction.”). Second, just because petitioner’s probation was terminated does not mean some form of punishment was never imposed on him. Regardless of his subsequent termination of probation, it is undisputed that the circuit court did order a “punishment, penalty, or restraint,” e.g. the probation and fine.