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Keywords

appealhearingmotiondeportationnaturalization
appealhearingmotiondeportationnaturalization

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Wiedersperg v. Immigration and Naturalization Service

Facts

Petitioner Stefan Walter Wiedersperg, an alien lawfully admitted to the United States, was convicted in 1968 for possessing a small amount of marijuana. Following the conviction, the Immigration and Naturalization Service issued an order to show cause for his deportation based on this narcotics conviction. Although Wiedersperg was granted an expungement of his conviction, the immigration judge determined he remained deportable, a decision affirmed by the Board of Immigration Appeals (BIA). After his conviction was vacated, Wiedersperg petitioned the BIA to reopen his case, arguing that his deportation was based on an invalid conviction, but the BIA denied his petition, leading to this appeal.

Petitioner Stefan Walter Wiedersperg, an alien lawfully admitted to the United States, was convicted in 1968 for possessing a small amount of marijuana. Following the conviction, the Immigration and Naturalization Service issued an order to show cause for his deportation based on this narcotics conviction. Although Wiedersperg was granted an expungement of his conviction, the immigration judge determined he remained deportable, a decision affirmed by the Board of Immigration Appeals (BIA). After his conviction was vacated, Wiedersperg petitioned the BIA to reopen his case, arguing that his deportation was based on an invalid conviction, but the BIA denied his petition, leading to this appeal.

Issue

Did the BIA err in denying Wiedersperg's motion to reopen deportation proceedings based on an invalid conviction?

Did the BIA err in denying Wiedersperg's motion to reopen deportation proceedings based on an invalid conviction?

Rule

To justify reopening a deportation proceeding, an alien must make a prima facie showing that he or she is eligible for relief. The nullification of a conviction upon which deportability is premised deprives deportation of a legal basis.

To justify reopening a deportation proceeding, an alien must make a prima facie showing that he or she is eligible for relief. The nullification of a conviction upon which deportability is premised deprives deportation of a legal basis.

Analysis

The court applied the rule by determining that Wiedersperg's successful overturning of his state conviction established a prima facie showing for relief. The BIA's reasoning that Wiedersperg had 'slept on his rights' was deemed speculative and insufficient to deny a reopened hearing. The court emphasized that the vacation of the conviction went to the merits and was not merely a technical expungement, thus warranting a new deportation hearing.

The court applied the rule by determining that Wiedersperg's successful overturning of his state conviction established a prima facie showing for relief. The BIA's reasoning that Wiedersperg had 'slept on his rights' was deemed speculative and insufficient to deny a reopened hearing. The court emphasized that the vacation of the conviction went to the merits and was not merely a technical expungement, thus warranting a new deportation hearing.

Conclusion

The court reversed the BIA's denial of Wiedersperg's motion to reopen and remanded the case to the BIA to reopen the deportation proceedings.

The court reversed the BIA's denial of Wiedersperg's motion to reopen and remanded the case to the BIA to reopen the deportation proceedings.

Who won?

Wiedersperg prevailed in the case because the court found that the BIA abused its discretion in denying his motion to reopen based on an invalid conviction.

Wiedersperg prevailed in the case because the court found that the BIA abused its discretion in denying his motion to reopen based on an invalid conviction.

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