Abstract
The U.S. Supreme Court has cautioned against “shoehorning” criminal convictions into grounds of deportation where they do “not fit.” When deportation depends on the existence of a conviction, the Board of Immigration Appeals (“BIA”) and federal courts broadly agree that the role of the judge or other adjudicator is limited to determining the legal effect of the conviction under immigration law. Adjudicators cannot decide questions of fact regarding the underlying circumstances of the offense. This limitation is commonly expressed in the maxim that adjudicators may not redetermine, or determine in the first instance, the guilt or innocence of the noncitizen. Without exception, appellate courts and