United States Third Circuit

To determine the basis for a vacatur order in order to classify a vacated conviction under the Immigration and Nationality Act, the agency must look first to the order itself, and if the order explains the court's reasons for vacating the conviction, the agency's inquiry must end there. If the order does not give a clear statement of reasons, the agency may look to the record before the court when the order was issued, and no other evidence of reasons may be considered.

Appellate Information

• Decided 12/20/2005
• Published 12/20/2005

Judges

• Before ROTH, McKEE and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas E. Moseley (Argued), Newark, NJ, for Appellants.


• For Appellees:
  
• Susan C. Cassell (Argued), Office of United States Attorney, Newark, NJ, for Appellees.