What Is L.A.B.R.? A Complete Guide to Conviction Definition Rules

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Table of Contents#

1. What Is the Federal Definition of a Conviction for Immigration Purposes?
2. Core Legal Definitions of a Conviction: State vs. Federal Frameworks
3. Key BIA Precedents on Conviction Classification
4. What Is Matter of L-A-B-R-?
5. Real-World Implications of Federal Conviction Definitions
6. Common FAQs About Conviction Classification
7. Final Takeaways
8. References

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What Is the Federal Definition of a Conviction for Immigration Purposes?#

INA § 101(a)(48)(A), codified at 8 U.S.C. § 1101(a)(48)(A), defines a conviction for all federal immigration purposes. Under this provision, a conviction exists when:

1. A formal judgment of guilt has been entered by a court, or
2. Adjudication of guilt has been withheld, but the individual (a) pleaded guilty or nolo contendere, or admitted sufficient facts for a guilty finding, and (b) was ordered to serve some form of punishment or penalty.

This definition was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) in 1996 to create a uniform federal standard, replacing the patchwork of state-level definitions that had previously governed immigration proceedings.

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Core Legal Definitions of a Conviction: State vs. Federal Frameworks#

Conviction definitions vary widely across jurisdictions and legal contexts. The table below outlines key differences between standard state-level conviction rules and federal immigration rules:

How the Federal Definition Works in Practice#

Under the two-prong test of INA § 101(a)(48)(A), a conviction for immigration purposes can arise even when:

• The state court never entered a formal judgment of guilt (e.g., deferred adjudication)
• The case was later dismissed after the individual completed probation or a diversion program
• The criminal record was expunged or sealed under state law

The only ways to avoid a conviction under this federal standard are:

• A formal acquittal by judge or jury
• A dismissal based on factual innocence or a constitutional/procedural defect in the underlying proceeding

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Key BIA Precedents on Conviction Classification#

The BIA and federal courts have developed an extensive body of case law interpreting INA § 101(a)(48)(A). Key precedents include:

Matter of Roldan-Santoyo, 22 I&N Dec. 512 (BIA 1999)#

Established that a state court action to "expunge, dismiss, cancel, vacate, discharge, or otherwise remove a guilty plea or other record of guilt or conviction by operation of a state rehabilitative statute" has no effect on the underlying conviction for immigration purposes.

Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)#

Addressed whether a vacated conviction remains valid for immigration purposes. The BIA held that a conviction vacated due to a procedural or substantive defect in the underlying criminal proceeding is no longer a conviction, but a conviction vacated for rehabilitative purposes (such as completing probation) remains valid.

Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)#

Clarified when a pretrial intervention agreement qualifies as a conviction. The BIA held that if the agreement requires an admission or finding of guilt and the imposition of punishment, it constitutes a conviction even if the case is later dismissed upon successful completion.

Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022)#

Reaffirmed that a deferred adjudication satisfying the elements of INA § 101(a)(48)(A)(i) and (ii) constitutes a conviction for immigration purposes, even when the state court ultimately dismisses the case.

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What Is Matter of L-A-B-R-?#

Matter of L-A-B-R-, et al., 27 I&N Dec. 405 (A.G. 2018) is a binding Attorney General decision issued on August 16, 2018, by then-Attorney General Jeff Sessions. Unlike the precedents above, this case does not address the definition of a conviction. Instead, it addresses a different procedural question: when immigration judges may grant continuances in removal proceedings.

Case Background#

The Attorney General consolidated three cases in which the BIA had declined to reach the merits of whether immigration judges properly granted continuances for respondents seeking post-conviction relief. The decision established rules for when "good cause" exists under 8 C.F.R. § 1003.29 to grant a continuance.

Key Holdings#

1. An immigration judge may grant a continuance only "for good cause shown."
2. Pursuing collateral relief (such as post-conviction relief to vacate a conviction) may constitute good cause, but only if the respondent demonstrates that the relief is sought to address the conviction's immigration consequences and is legally available.
3. Immigration judges must consider whether the collateral motion has substantive merit and whether the respondent is diligently pursuing it.

Why L.A.B.R. Matters for Conviction Issues#

While L.A.B.R. does not redefine what constitutes a conviction, it affects the procedural landscape for non-citizens with criminal records. After L.A.B.R., immigration judges are more limited in granting continuances for respondents who are attempting to vacate or modify prior convictions through state post-conviction relief. This makes it harder for non-citizens to "undo" a conviction for immigration purposes through state court proceedings.

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Real-World Implications of Federal Conviction Definitions#

The federal conviction definition and the procedural constraints from L.A.B.R. have far-reaching consequences:

1. Immigration Proceedings#

This is the primary context for application. Non-citizens (including green card holders, DACA recipients, work visa holders, and asylum seekers) can face removal, denial of naturalization, or denial of visa renewal for past deferred adjudication cases they assumed were not convictions. Even minor misdemeanors like shoplifting or simple drug possession can trigger deportation if they meet the INA § 101(a)(48)(A) criteria.

2. Employment and Professional Licensing#

Many federal contractors, healthcare employers, financial institutions, and state licensing boards have adopted the federal conviction definition for background checks. This means applicants may be denied jobs or licenses for dismissed diversion cases that do not appear on standard state criminal records.

3. Criminal Plea Deal Negotiations#

Non-citizens facing criminal charges face unique risks when accepting deferred adjudication or diversion offers. A plea deal that avoids a state conviction can still lead to deportation, so legal experts always recommend consulting an immigration attorney alongside a criminal defense attorney before accepting any plea agreement.

4. Record Sealing and Expungement#

State-level expungement or record sealing does not erase a conviction for immigration purposes. The only way to eliminate the conviction status is to file for post-conviction relief that vacates the original plea based on a constitutional or procedural defect, or to obtain a dismissal based on factual innocence. Note that after L.A.B.R., immigration judges may be less willing to grant continuances while such relief is pending.

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Common FAQs About Conviction Classification#

1. Does the federal conviction definition apply to juvenile adjudications?#

No. Juvenile adjudications are not considered convictions under the INA, even if they meet the INA § 101(a)(48)(A) criteria, unless the minor was tried and sentenced as an adult.

2. Can I apply for citizenship if I have a conviction on my record?#

It depends on the type of offense. Minor, old misdemeanors may qualify for a waiver, but crimes involving moral turpitude, controlled substances, or aggravated felonies will usually make you ineligible for naturalization.

3. Do traffic tickets count as federal convictions?#

Only if they are criminal misdemeanor or felony traffic offenses (like DUI or reckless driving). Standard civil traffic infractions do not count, as they do not require a guilty plea or criminal penalty.

4. Does the federal conviction definition apply to immigration proceedings outside the U.S.?#

Yes, the INA definition applies to all U.S. federal immigration proceedings, including consular processing abroad and USCIS applications for benefits.

5. What happened in Matter of L-A-B-R-?#

Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018), is a decision about when immigration judges can grant continuances in removal proceedings. It does not change the definition of a conviction, but it affects the procedural options available to non-citizens seeking to vacate prior convictions through state court.

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Final Takeaways#

• The federal definition of a conviction for immigration purposes comes from INA § 101(a)(48)(A), enacted in 1996, not from any single BIA case.
• Under this definition, deferred adjudications, expunged records, and cases dismissed after probation all count as convictions if a plea was entered and a penalty was imposed.
• Key BIA precedents—including Matter of Roldan-Santoyo, Matter of Pickering, Matter of Mohamed, and Matter of D-L-S-—have interpreted and applied this definition over the past two decades.
• Matter of L-A-B-R- (2018) addresses continuances, not conviction definitions, but it limits the procedural options for non-citizens seeking to vacate convictions.
• Non-citizens facing criminal charges should always consult both a criminal defense and immigration attorney to avoid unintended deportation consequences.
• For employment and licensing applications, always confirm what conviction definition the reviewing agency uses, as many have adopted the federal standard.

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References#

1. Immigration and Nationality Act § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A)
2. Matter of Roldan-Santoyo, 22 I&N Dec. 512 (BIA 1999)
3. Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)
4. Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)
5. Matter of D-L-S-, 28 I&N Dec. 568 (BIA 2022)
6. Matter of L-A-B-R-, et al., 27 I&N Dec. 405 (A.G. 2018)
7. U.S. Citizenship and Immigration Services. Policy Manual, Volume 12, Part F, Chapter 2: Adjudicative Factors — Definition of Conviction. Retrieved from https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2
8. 8 U.S.C. § 1101 — Definitions (full text). Retrieved from https://uscode.house.gov/view.xhtml?req=(title:8%20section:1101%20edition:prelim)