Decision date: 2018-06-27

Holding that the imposition of $100 in court costs, assessed attendant to a prayer for judgment continued under North Carolina law, does not qualify as a penalty or punishment to constitute a “conviction” within the meaning of the Immigration and Naturalization Act under 8 U.S.C. § 1101(a)(48)(A) and thus, Petitioner was not statutorily barred from cancellation of removal for nonpermanent residents.

Publication Status: Published

Case judge: Floyd, Harris, Wynn

Decision: Guzman Gonzales v. Sessions, 894 F.3d 131 (4th Cir. 2018)