Gabriel Estrada-Rosales v. Immigration and Naturalization Service

SCHROEDER, Circuit Judge:

Petitioner, Gabriel Estrada-Rosales, was deported after a finding that he had aided and abetted aliens in illegal entry in violation of 8 U.S.C. § 1251(a)(13). The immigration judge relied upon a prior conviction of the crime of aiding and abetting illegal entry. 8 U.S.C. § 1325, 18 U.S.C. § 2. The conviction, however, was later set aside and petitioner then filed this petition to reopen the deportation. The Board of Immigration Appeals refused to consider the petition, holding that it was powerless to do so once the petitioner had actually been deported. We hold that…