Esau Rodriguez v. Eric Holder, Jr.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PRISCILLA R. OWEN, Circuit Judge:
Esau Rodriguez, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (BIA) that he is removable for having been convicted of an aggravated felony. Because the record does not establish that Rodriguez was convicted of an aggravated felony, as defined in 8 U.S.C. § 1101(a)(43), we grant his petition and vacate the order of removal.
I
In 2002, Rodriguez pleaded guilty to violating Texas Penal Code section 22.011 and was placed on deferred adjudication. Rodriguez was placed on community supervision and, in 2006,…
2Cases cited21 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- Begay v. United StatesSupreme Court of the United States · 2008
- Leocal v. AshcroftSupreme Court of the United States · 2004
- United States v. Velazquez-OveraCourt of Appeals for the Fifth Circuit · 1996
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