The Board of Immigration Appeals has sustained DHS's appeal from an order terminating proceedings against a Ghanaian respondent, holding that a Georgia state court order purporting to "clarify" his twelve-month sentence for family violence battery, issued by a different judge more than six years later, is not valid for immigration purposes.
The Board held the clarification order did not correct a scrivener's error and was issued outside any statutory window for modifying a Georgia sentence, and that an order flatly contradicting rather than clarifying the original sentencing order is entitled to no deference under Matter of Thomas and Thompson. Because a term of imprisonment of one year still applied, the respondent's conviction remains an aggravated felony, and the Board remanded for the immigration judge to also assess the independent domestic-violence removability ground.
The full text of Matter of Boye can be found here: https://www.justice.gov/eoir/media/1457656/dl?inline