United States Second Circuit

Petition seeking review of a Board of Immigration Appeals (BIA) decision affirming a removal order from the United States is dismissed, where: 1) petitioner's conviction for attempted possession for sale of four or more pounds of marijuana was vacated by an Arizona state court; 2) petitioner's vacated conviction remains valid for federal immigration and removability purposes, as the vacatur was obtained under Arizona Revised Statutes section 13-907 for rehabilitative reasons; and 3) the present court therefore lacks jurisdiction over the petition for review.

Appellate Information

• Decided 10/08/2014
• Published 10/08/2014

Judges

Court

• United States Second Circuit

Counsel