BIA reopens based on vacatur of conviction

In re Michael Anthony Foster, A089-349-341, 2011 WL 5111702 (BIA Sept. 20, 2011) (Memphis) (unpublished).

In this case, the alien was found deportable.  90 days after the BIA denied his appeal, his conviction was set aside.  He filed a motion to reopen, which the BIA granted.  The decision suggests that ICE's concern was that there were still pending charges but apparently those charges were dismissed.

It is not explicit in the decision but the BIA must have granted an untimely motion to reopen based on the vacatur of a conviction.