152004P.pdf   02/26/2016  Arturo Andrade-Zamora  v.  Loretta E. Lynch
   U.S. Court of Appeals Case No:  15-2004
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Bye,Author, with Wollman and Loken, Circuit Judges] 
   Petition for Review - Immigration. An alien bears the burden of proving 
   that he is eligible for cancellation and that includes the burden of 
   proving that his state court conviction was vacated for a substantive or 
   procedural reason and not for immigration purposes; here the order does 
   not state the reason the state court vacated the conviction and the order 
   alone does not prove that the conviction was vacated for substantive or 
   procedural reasons; further, the timing and effect of the order suggest 
   the conviction was vacated for immigration purposes as it came two weeks 
   after the government moved to remove petitioner based on the conviction; 
   as petitioner presented no evidence on the reason the conviction was 
   vacated, he failed to meet his burden and the IJ properly found the 
   conviction for theft in the fourth degree qualified as a crime of moral 
   turpitude; the court would defer to the BIA's interpretation of 8 U.S.C. 
   Sec. 1229(b)(1)(C) that the section incorporates only the list of offenses 
   found in 8 U.S.C. Sec. 1227(a)(2)without incorporating all of the 
   immigration characteristics of the section; as a result, the IJ did not 
   err in pretermitting petitioner's application for cancellation of removal 
   on the grounds he committed an offense under Sec. 1227(a)(2), even though 
   he was never admitted to the U.S.