Sallahadin Birhan, A076 911 298 (BIA Apr. 23, 2012)

In this unpublished decision, the Board of Immigration Appeals (BIA) held that a criminal conviction is final for immigration purposes regardless of whether a respondent has exhausted his direct appeals. A dissenting member argued that the definition of conviction in INA 101(a)(48) does not trump the Board’s decision in Matter of Ozkok, 19 I&N Dec. 546 (BIA 1988), which incorporated a finality requirement. The decision was written by Member Roger Pauley and joined by Member Hugh Mullane. Member Anne Greer authored a dissenting opinion.