Unpub. BIA on Full Faith & Credit, Vacated Conviction

Unpub. BIA on Full Faith & Credit, Vacated Conviction

"We do not agree with the Immigration Judge's determination that the respondent's 2007 drug conviction remains effective for immigration purposes despite its vacatur.  The Texas court's decision vacating the respondent's conviction is entitled to full faith and credit in these proceedings, see 28 U.S.C. § 1738, unless the DHS establishes that the conviction was vacated solely for reasons related to rehabilitation or the alleviation of immigration-related hardships. ... The appeal will be sustained and the removal proceedings will be terminated." - Matter of X-, July 30, 2014, unpublished.  [Hats off to Irene G. Mugambi!]