McLeod v. Mukasey

MEMORANDUM **

Petitioner, Miles Irven McLeod, seeks review of the Board of Immigration Appeals’ (“BIA”) decision finding that his 2001 conviction for unlawful manufacture of a controlled substance renders him removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii). McLeod argues that the BIA erred in finding that he has a “conviction” for immigration purposes because the 2001 judgment was vacated in post-conviction relief proceedings. The government contends that the state’s appeal of post-conviction relief automatically stayed the effect of the judgment vacating McLeod’s conviction. We have…