MONCRIEFFE v. HOLDER

No. 10-60826.

662 F.3d 387 (2011)

Adrian Phillip MONCRIEFFE, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

As Corrected November 14, 2011.


Attorney(s) appearing for the Case

Angel Luis Arias , Arias Law Group, P.A., Miami Gardens, FL, for Petitioner.

Corey Leigh Farrell , Gerald Mark Alexander , Trial Atty., Tangerlia Cox, U.S. Dept. of Justice, OIL, Washington, D.C., for Respondent.

Before JONES, Chief Judge, HAYNES, Circuit Judge, and CRONE, District Judge.


EDITH H. JONES, Chief Judge:

Adrian Moncrieffe petitions for review of a removal order of the Board of Immigration Appeal's ("BIA"). After he pled guilty to possessing marijuana with intent to distribute in Georgia, the Department of Homeland Security ("DHS") charged Moncrieffe with being removable for this crime, which it contends should be considered a felony under the Controlled Substances Act ("CSA") and an "aggravated felony" under immigration law. See

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