Sam Baba Ouedraogo v. Immigration and Naturalization Service

W. EUGENE DAVIS, Circuit Judge:

Petitioner Sam Baba Ouedraogo seeks review of a Board of Immigration Appeals (BIA) order denying him voluntary departure. The immigration judge denied petitioner’s motion for voluntary departure based on a prior conviction for prostitution. Because Ouedraogo’s prostitution conviction has since been dismissed, we remand for further consideration of Ouedraogo’s petition for voluntary departure.

I

In 1985, Ouedraogo, a nonimmigrant visitor, entered the United States on a B-1, B-2 visa, for a period not to exceed six months. In July 1986, the Sacramento, California…