The Sixth Circuit has declined to reopen a removal order issued against a lawful permanent resident who subsequently vacated the conviction that served as the basis of removal. The court declined to find that a reinstated can be reopened, even if there is a showing of a gross miscarriage of justice in the underlying removal order. Moreover, because the petitioner did not vacate the conviction until after he was removed, there was no gross miscarriage of justice.

The full text of Sanchez-Gonzalez v. Garland can be found here:

https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0161p-06.pdf

Comment