Carachuri-Rosendo v. Holder

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Case: 07-61006 Document: 00511196944 Page: 1 Date Filed: 08/06/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED August 6, 2010 N o . 07-61006 Lyle W. Cayce Clerk J O S E ANGEL CARACHURI-ROSENDO P e titio n e r v. E R I C H. HOLDER, JR., U S ATTORNEY GENERAL R espon dent P e tit io n For Review of an Order o f the United States Board of Immigration Appeals O N REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JONES, Chief Judge, and KING and ELROD, Circuit Judges. P E R CURIAM: T h e Supreme Court reversed the decision of this court in CarachuriR o s e n d o v. Holder, No. 09-60, _____ U.S. _____, 130 S. Ct. 2577. The c o n s e q u e n c e of the Court's action is that this petitioner was not ineligible for c a n c e lla t io n of removal based on his recidivist state misdemeanor conviction for d r u g possession. Because the state did not enhance his conviction based on the fa c t of a prior conviction, "he has not been `convicted' under 1229b(a)(3) of a `fe lo n y punishable' as such `under the Controlled Substances Act,' 18 USC 924(c)(2)." Id. at _____ U.S. _____, 130 S. Ct. at 2589. Accordingly, this court Case: 07-61006 Document: 00511196944 Page: 2 Date Filed: 08/06/2010 No. 07-61006 m u s t GRANT the petition for review and REMAND to the BIA for further p r o c e e d in g s to adjudicate the petition for cancellation of removal. P e t it i o n Granted; Case Remanded. 2

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