Rumierz v. Gonzales, ___ F.3d ___, 2006 WL 2169431 (1st Cir. Aug. 3, 2006) (noncitizen bears burden of showing conviction was vacated on a basis of legal invalidity where the order of removal has already become final, and the noncitizen is making a late motion to reopen/reconsider in light of the new evidence that the conviction has been vacated).
http://laws.lp.findlaw.com/1st/051895.html