Legal Opinion
Rumierz v. Gonzales
Court of Appeals for the First Circuit
Decided August 3, 2006No. 05-1895PublishedCited by 19 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
The BIA held here that an alien, who is already under a final order of removal for committing crimes of moral turpitude, bears the burden of proving that he has met the standards under In re Pickering, 23 I. & N. Dec. 621 (BIA 2003), for vacating an order of removal presented in a belated motion and premised on the post-final-order-of-removal vacating of the underlying state court conviction. In the circumstances of this case, the BIA held that the alien had not met that burden. Because we cannot say that either the facts before it or the law compelled the BIA to reach…
2Cases cited31 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Shepard v. United StatesSupreme Court of the United States · 2005
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Taylor v. IllinoisSupreme Court of the United States · 1988
- Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
26 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Soto-Hernandez v. Holder, Jr.Court of Appeals for the First Circuit · 2013
- THOMAS and THOMPSONBoard of Immigration Appeals · 2019
- Arturo Andrade-Zamora v. Loretta E. LynchCourt of Appeals for the Eighth Circuit · 2016
- Sarbjit Singh v. Jefferson B. Sessions IIICourt of Appeals for the Seventh Circuit · 2018
- CHAVEZBoard of Immigration Appeals · 2007
14 more not listed; retrieve them via the Exa API.