All too often any criminal sentence imposed is considered the actual punishment in the Immigration context. The Board of Immigration Appeals addressed this issue 15 years ago in Matter of Esposito, 21 I&N Dec. 1 (BIA 1995).
“For purposes of section 212(a)(10) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(10) (1988), and its successor provision at section 212(a)(2)(B) of the Act, 8 U.S.C. § 1182(a)(2)(B) (Supp. V 1993), a sentence is “actually imposed” where a criminal court suspends the execution of a sentence, but no sentence is “actually imposed” where the imposition of sentence is suspended. Matter of Castro, 19 I&N Dec. 692 (1988), followed.”
