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Keywords

statuteappealmotionburden of proofregulation
statuteappealmotionburden of proofregulation

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Rumierz v. Gonzales

Facts

Antoni A. Rumierz, a Polish citizen, was ordered removed from the United States by the BIA on August 18, 2000, based on two state court convictions for receiving stolen property, which are considered crimes of moral turpitude for federal immigration purposes. In 2002, Rumierz had one of the convictions vacated by a Vermont court, which amended it to negligent operation of a motor vehicle, a non-moral turpitude crime. The BIA refused to vacate the removal order, stating that there was no indication that the conviction was stricken due to any defect in the original conviction.

Antoni A. Rumierz, a Polish citizen, was ordered removed from the United States by the BIA on August 18, 2000, based on two state court convictions for receiving stolen property, which are considered crimes of moral turpitude for federal immigration purposes. In 2002, Rumierz had one of the convictions vacated by a Vermont court, which amended it to negligent operation of a motor vehicle, a non-moral turpitude crime. The BIA refused to vacate the removal order, stating that there was no indication that the conviction was stricken due to any defect in the original conviction.

Issue

Did the BIA err in placing the burden on the alien to demonstrate the effect of his vacated conviction on his deportability?

Did the BIA err in placing the burden on the alien to demonstrate the effect of his vacated conviction on his deportability?

Rule

The BIA held that an alien under a final order of removal bears the burden of proving that he has met the standards for vacating an order of removal based on a vacated conviction, as established in In re Pickering.

The BIA held 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.

Analysis

The court found that the BIA's decision to place the burden on Rumierz was not contrary to the applicable statutes, which did not specify the burden in such situations. The BIA's interpretation was consistent with its regulations and served the interest of finality. The court noted that Rumierz failed to provide evidence that the state court's action in vacating the conviction was tied to a defect in the underlying criminal proceedings.

The court found that the BIA's decision to place the burden on Rumierz was not contrary to the applicable statutes, which did not specify the burden in such situations. The BIA's interpretation was consistent with its regulations and served the interest of finality. The court noted that Rumierz failed to provide evidence that the state court's action in vacating the conviction was tied to a defect in the underlying criminal proceedings.

Conclusion

The court affirmed the BIA's decision, concluding that Rumierz did not meet his burden of proof regarding the vacated conviction.

The court affirmed the BIA's decision, concluding that Rumierz did not meet his burden of proof regarding the vacated conviction.

Who won?

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld its decision to deny Rumierz's motion to vacate the removal order based on the lack of evidence regarding the vacated conviction.

The Board of Immigration Appeals (BIA) prevailed in the case, as the court upheld its decision to deny Rumierz's motion to vacate the removal order based on the lack of evidence regarding the vacated conviction.

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