Pedro Madrigal-Barcenas v. Eric Holder, Jr.

OPINION

GRABER, Circuit Judge:

Petitioner Pedro Madrigal-Barcenas, a native and citizen of Mexico, applied for cancellation of removal pursuant to 8 U.S.C. § 1229b(b). He petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of that application.

Petitioner was convicted of possessing drug paraphernalia in violation of section 453.566 of the Nevada Revised Statutes. The question on review is whether that misdemeanor conviction renders Petitioner ineligible for cancellation of removal under 8 U.S.C. § 1182(a)(2)(A)(i)(II) (“Section 1182”), which provides that an applicant is…