The U.S. Court of Appeals for the Fourth Circuit issued a ruling that if a noncitizen’s criminal conviction is thrown out, it automatically nullifies any immigration penalties attached to that conviction, including laws that would make them ineligible to stay in the U.S. or gain citizenship. This decision reverses long-standing immigration adjudication practice in the circuit and creates a new avenue for practitioners to protect clients in removal proceedings.
What changed
Previously, an advocacy tool for noncitizens facing removal due to a prior criminal offense was to ask prosecutors for a joint motion to vacate an old conviction. Under previous case law, even if prosecutors agreed, that wouldn’t matter unless it was vacated on the grounds of a legal defect.
Because the Chevron doctrine is gone, the Fourth Circuit no longer has to follow that case law. That lets the court decide on its own the impact of a vacated conviction. New rule in the Fourth Circuit: reason is irrelevant. A vacated conviction is not a conviction for immigration purposes. The ruling applies to any case that is heard in Maryland, Virginia, West Virginia, North Carolina, or South Carolina.
Why it matters
Under the prior framework, a joint motion to vacate a criminal conviction would only erase immigration consequences if the conviction was vacated on narrowly defined legal grounds (e.g., constitutional defect, procedural error in the original trial). A conviction vacated for other reasons—such as rehabilitation, prosecutorial discretion, or innocence claims—would leave a noncitizen still deportable based on that conviction.
The Fourth Circuit’s new rule flips that logic: any vacature, for any reason, wipes the slate clean for immigration purposes. This dramatically expands the toolbox for removal-defense practitioners. You can now work with defense counsel and prosecutors to vacate old convictions without strategic concern about whether immigration judges will still treat those convictions as “real” for deportation purposes.
The change flows from the Supreme Court’s elimination of the Chevron deference doctrine, which had forced courts to defer to USCIS/DOJ immigration interpretations. Without Chevron, the Fourth Circuit exercises independent judgment and has chosen to adopt a bright-line rule: no conviction = no immigration penalty.
Way forward
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If you represent a noncitizen in removal proceedings in the Fourth Circuit with a prior criminal conviction: immediately explore post-conviction relief options. Coordinate with the underlying defense counsel or local criminal defense bar to draft a joint motion to vacate, emphasizing any grounds for reconsideration—innocence, ineffective assistance of counsel, changed circumstances, or prosecutorial agreement.
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After vacatur is granted: file a motion to terminate removal proceedings or reopen a final order of removal in immigration court, citing the Fourth Circuit’s new rule that vacated convictions carry no immigration weight.
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If the conviction predates the ruling: the decision likely applies retroactively to pending and final cases within the circuit. Consult local circuit practice, but expect removal-defense practitioners in MD, VA, WV, NC, and SC to file reconsideration motions in existing cases.
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Document the vacatur order carefully: obtain a certified copy and file it immediately with USCIS or the immigration court. Do not rely on oral assurances or informal notice.
Disclaimer
This article is not legal advice. Fola Form is a software company, not a law firm. You should consult a licensed immigration attorney before taking any action based on this information. Immigration policy and court precedent can change without notice. Always verify this information against the primary source linked above and any current guidance from USCIS, the Executive Office for Immigration Review, or the Board of Immigration Appeals.