Background
Petitioner Rigoberto Duran Gutierrez, a native and citizen of Mexico, sought review of a Board of Immigration Appeals decision dismissing his appeal from an immigration judge’s denial of cancellation of removal under Section twelve hundred twenty-nine B, subsection B, paragraph one of Title eight of the United States Code.
The court’s reasoning
The panel concluded that the petitioner failed to exhaust several arguments by not raising them before the agency, specifically the challenge to the immigration judge’s determination that he had been convicted of a disqualifying controlled-substance offense. Additionally, the petitioner failed to carry his burden of demonstrating that any post-conviction relief eliminated the immigration consequences of the conviction. Although the petitioner asserted his conviction had been expunged, he provided no documentary evidence establishing that the conviction was vacated on the basis of a procedural or substantive defect rather than for rehabilitative or immigration hardship purposes. Because the Board of Immigration Appeals permissibly concluded the conviction remained valid for immigration purposes, the court did not reach remaining challenges regarding good moral character or alleged procedural errors.
What it means going forward
The petition for review is denied, and the temporary stay of removal remains in place until the mandate issues.
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