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appealpleamotionburden of prooffelonymisdemeanorrehabilitation
appealpleamotionburden of prooffelonymisdemeanorrehabilitation

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Singh v. Sessions

Facts

Sarbjit Singh entered the United States in 1993 and was granted permanent residency in 2000. He was removed in 2006 due to a felony conviction for corrupt business influence. After reentering the U.S. in 2010, Singh had his felony conviction vacated and pleaded guilty to a misdemeanor of deception. The government later sought to remove him again based on this misdemeanor, leading to multiple proceedings and appeals regarding the validity of the removal order.

Sarbjit Singh entered the United States in 1993 and was granted permanent residency in 2000. He was removed in 2006 due to a felony conviction for corrupt business influence. After reentering the U.S. in 2010, Singh had his felony conviction vacated and pleaded guilty to a misdemeanor of deception. The government later sought to remove him again based on this misdemeanor, leading to multiple proceedings and appeals regarding the validity of the removal order.

Issue

Whether the Board of Immigration Appeals abused its discretion in denying Singh's motion to reopen removal proceedings based on the vacatur of his deception conviction.

Whether the Board of Immigration Appeals abused its discretion in denying Singh's motion to reopen removal proceedings based on the vacatur of his deception conviction.

Rule

An alien seeking to reopen a final order of removal must demonstrate that the conviction was vacated due to a substantive or procedural defect in the underlying criminal proceedings, not for reasons such as rehabilitation or immigration hardship.

An alien seeking to reopen a final order of removal must demonstrate that the conviction was vacated due to a substantive or procedural defect in the underlying criminal proceedings, not for reasons such as rehabilitation or immigration hardship.

Analysis

The court applied the rule by examining the circumstances under which Singh's deception conviction was vacated. It determined that the vacatur was a result of a plea agreement rather than a substantive or procedural defect, thus failing to meet the burden required to reopen the case. The Board's decision was upheld as it was consistent with established legal principles.

The court applied the rule by examining the circumstances under which Singh's deception conviction was vacated. It determined that the vacatur was a result of a plea agreement rather than a substantive or procedural defect, thus failing to meet the burden required to reopen the case. The Board's decision was upheld as it was consistent with established legal principles.

Conclusion

The court denied Singh's petitions for review, affirming the Board's decision to deny the motion to reopen and the removal order.

The court denied Singh's petitions for review, affirming the Board's decision to deny the motion to reopen and the removal order.

Who won?

The government prevailed in the case because the court upheld the Board's decision, finding that Singh did not meet the burden of proof required to reopen his removal proceedings.

The government prevailed in the case because the court upheld the Board's decision, finding that Singh did not meet the burden of proof required to reopen his removal proceedings.

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