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



NOTE: Under the particular facts of this case, it appears that the deportation order may not have actually been final (see dissent). However, assuming (as the majority did), that the deportation order was final and therefore the holding of the case does not apply outside the context of late motions to reopen/reconsider will limit the reach of this otherwise unfortunate decision.