Young v. Holder

Filing 920090921

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-60278 Summary Calendar September 21, 2009 Charles R. Fulbruge III Clerk

LYNDON CHRISTOPHER YOUNG, also known as Lyndon Young, also known as Lyndon Griffith Petitioner v. ERIC H HOLDER, JR, U S ATTORNEY GENERAL Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A35 750 048

Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* Lyndon Christopher Young, a citizen of Trinidad and Tobago, petitions for review of an order of the Board of Immigration Appeals ("BIA"). It found him to be ineligible for cancellation of removal because his 2006 New York marijuana possession conviction constituted an aggravated felony for purposes of immigration law. Young contends solely that the BIA erred by treating his

Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.

*

No. 08-60278 conviction as equivalent to the federal offense of "recidivist possession." See 21 U.S.C. § 844(a). We conclude that the BIA correctly determined that Young's offense constituted an aggravated felony for immigration law purposes. See CarachuriRosendo v. Holder, 570 F.3d 263, 266-68 (5th Cir. 2009), petition for cert. filed (July 15, 2009) (No. 09-60). PETITION DENIED.

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