The Board of Immigration Appeals has determined that if a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted to a lawful permanent resident, that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings.

The full text of Matter of Voss can be found here:

https://www.justice.gov/eoir/page/file/1326066/download

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