Withdrawing your client's appeal with have the effect of making the immigration judge's removal order final, as if you had never appealed the removal decision in the first place! Which means your client will likely be deported immediately, even though there is no longer a basis for the client removal.
DO. NOT. WITHDRAW. APPEAL. Can't stress that enough.
Obtain a certified court copy showing conviction has been vacated.
Congratulations. You have successfully vacated you client's conviction and (hopefully) there is no longer any basis for his detention and/or removal. But the BIA doesn't know that. Neither does the Department of Homeland Security (DHS). So get a copy!
Submit a motion to the BIA to "Remand and Open"
Armed with your certified court copy, write a short two page motion asking the BIA to reopen and remand the client's case since the sole basis of the client's removal has been vacated. Moreover, tell the BIA reopen and remand is necessary to allow your client to move to terminate proceedings.
Send copy to DHS
Make sure you send a copy to DHS. It is not necessary to send them a certified copy as well but it is a good practice.
DHS may oppose the basis for the vacatur
DHS will only agree to terminate proceedings if the conviction was vacated for legal or procedural error. A conviction vacated solely for immigration hardships will not prevent the removal of your client. See Pickering v. Gonzalez, 454 F. 3d 525 (6'" Cir. July 17,
2006), which held that "the BIA correctly interpreted the law by ruling that when a court vacates an alien's conviction solely related to rehabilitation or to avoid adverse immigration hardships, rather than on the basis of a procedural or substantive defect in the underlying criminal proceedings, the conviction is not eliminated for immigration purposes."
Ask DHS to file motion of non-opposition
If the conviction was vacated for legal or procedural error, DHS will likely agree to terminate. Ask them to file a motion of non-opposition to your motion to reopen and remand.
Wait for BIA decision granting motion to reopen and remand.
Once local immigration court receives remand, and DHS files motion to terminate proceedings, proceedings will be terminated. If your client is in detention, he will be promptly released. Who's the winner? You're the winner.
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