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CARACHURI-ROSENDO v. HOLDER

No. 07-61006.

570 F.3d 263 (2009)

Jose Angel CARACHURI-ROSENDO, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

May 29, 2009.

Attorney(s) appearing for the Case

Thomas F. Perkinson, University of Houston Law Ctr., Houston, TX, Lawrence Erik Rushton (argued), Rushton Law Firm, Bellaire, TX, for Petitioner.

Ada Elsie Bosque (argued), John Clifford Cunningham, Saul Greenstein, Thomas Ward Hussey, Director, U.S. Dept. of Justice, OIL, Washington, DC, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.

James Walden (argued), Gibson, Dunn & Crutcher, LLP, New York City, for Amicus Curiae, N.Y. State Defenders Ass'n.

Before JONES, Chief Judge, and KING and ELROD, Circuit Judges.

EDITH H. JONES, Chief Judge:

Jose Angel Carachuri-Rosendo appeals an en banc order of the Board of Immigration Appeals (BIA) holding that he is ineligible for cancellation of removal based on a recidivist state misdemeanor conviction for drug possession that could have been punished as a felony under the federal Controlled Substances Act. The repeat conviction was deemed an aggravated felony under the Immigration and Naturalization Act (INA). Because this holding...

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