The Eighth Circuit has determined that in the context of an application for immigration relief, the applicant bears the burden of demonstrating that a criminal conviction was vacated due to a procedural defect, and not for rehabilitative reasons.  In addition, the court deferred to the Board of Immigration Appeals' decision in Matter of Cortez, finding that a non-admitted non-citizen can still be convicted of an offense arising under section 273(a)(2) of the Immigration and Nationality Act, rendering the non-citizen ineligible for cancellation of removal for non-lawful permanent residents.

The full text of Andrade-Zamora v. Lynch can be found here: