In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings and remanded the record for further fact-finding relating to the respondent’s removability in light of a minute order from the trial court striking the term “embezzlement” and a reference to the respondent’s employer from the criminal indictment. The Board stated that the Department of Homeland Security bore the burden on remand of showing that the trial court amended the indictment solely so the respondent could avoid immigration consequences, citing Nath v. Gonzales, 467 F.3d 1185, 1188-89 (9th Cir. 2006). The decision was written by Member John Guendelsberger.