BIA

CONVICTION - BURDEN OF PROOF
In Matter of Kaneda, 16 I. & N. Dec. 677, 679-680 (BIA 1979), the BIA stated:

We have held that where a conviction is revoked and the charge dismissed by a trial judge that conviction cannot be used to sustain a finding of deportability. Matter of G, 7 I. & N. Dec. 171 (BIA 1956). We have also specifically held that when the Service claims that a trial judge lacked authority to dismiss a criminal charge after a conviction, such lack of jurisdiction must be affirmatively shown. Matter of Sirhan, 13 I. &N. Dec. 592 (BIA 1970); Matter of O'Sullivan, 10 I. &N. Dec. 320, 339 (BIA 1963). Here the Service has submitted no evidence that the trial judge lacked jurisdiction under Virginia law to rescind the respondent's conviction.

CONVICTION - VOID CONVICTION BY COURT WITHOUT JURISDICTION
Matter of O'Sullivan, 10 I. & N. Dec. 320 (BIA 1963) (BIA can look behind facially valid conviction where state court wholly lacked authority to issue order).