Imagine that you are a lawful permanent resident alien of the United States and that a trial court has found you guilty of a crime you did not commit. After new evidence establishing your innocence is found, the trial court vacates its judgment against you. Nevertheless, the Immigration and Naturalization Service subsequently succeeds in having you banished from the United States for the rest of your life due to your “conviction.”

This scenario bears a close resemblance to reality. Section 101(a)(48)(A) of the Immigration and Nationality Act states that: