Luis Alberto Gonzalez-Banda, A078 469 139 (BIA March 21, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to remand in light of evidence indicating that the respondent's criminal conviction was vacated at least in part due to ineffective assistance of counsel. The Board stated that the Department of Homeland Security (DHS) bore the burden of proving on remand that the conviction was vacated solely for immigration purposes pursuant to Nath v. Gonzales, 467 F.3d 1185 (9th Cir. 2006). The decision was written by Member Roger Pauley.