Under the Chevron-framework, we first determine "whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter for the court, therefore agency must give effect to the unambiguously expressed intent of Congress".
for a criminal conviction to trigger the criminal provisions of the immigration laws, all direct criminal appeals of right must be exhausted or waived. Only then can a criminal conviction render an immigrant deportable subject to civil immigration detention
Source: Charlottesville - American History X 109: Racism Constructed on Supremacy, Control and White Privilege