McLeod

MEMORANDUM **

Petitioner, Miles Irven McLeod, seeks review of the Board of Immigration Appeals’ (“BIA”) decision finding that his 2001 conviction for unlawful manufacture of a controlled substance renders him removable pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii). McLeod argues that the BIA erred in finding that he has a “conviction” for immigration purposes because the 2001 judgment was vacated in post-conviction relief proceedings. The government contends that the state’s appeal of post-conviction relief automatically stayed the effect of the judgment vacating McLeod’s conviction. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review.

A conviction must “attaint ] .... finality [in order] to support an order of [removal]....” Pino v. Landon, 349 U.S. 901, 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955). See also Grageda v. INS, 12 F.3d 919, 921 (9th Cir.1993). McLeod’s conviction has not attained the requisite finality because, as a matter of Oregon law, the judgment vacating McLeod’s conviction took immediate effect when it was issued. In Oregon, post-conviction relief proceedings are generally “civil, not criminal, in character.” Schelin v. Maass,…