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RUMIERZ v. GONZALES

No. 05-1895.

456 F.3d 31 (2006)

Antoni A. RUMIERZ, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided August 3, 2006.

Attorney(s) appearing for the Case

Regis Fernandez for petitioner.

William C. Minick, Attorney, Office of Immigration Litigation, U.S. Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, and Linda S. Werney, Assistant Director, were on brief, for respondent.

Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

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...

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