United States First Circuit

BIA denial of a belated motion to vacate an order of removal is affirmed where: 1) under the circumstances, the placing of the burden of showing a predicate conviction on the alien accords with the usual BIA rules that the burden is on the alien to show that there is a reason to reopen or to reconsider the case; 2) the BIA was not compelled to find that the alien had met the burden; and 3) the alien's remaining claims were barred by exhaustion doctrine.

Appellate Information

• Decided 08/03/2006
• Published 08/03/2006

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Regis Fernandez for petitioner.


• For Appellees:
  
• 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.