Legal Opinion
Donald Franco-Casasola v. Eric Holder, Jr.
Court of Appeals for the Fifth Circuit
Decided October 23, 2014No. 12-60977PublishedCited by 11 opinions
1Opinion
ON PETITION FOR PANEL REHEARING
LESLIE H. SOUTHWICK, Circuit Judge.
Donald Efren Franco-Casasola’s petition for panel rehearing is DENIED. We withdraw our prior opinion of March 6, 2014, and substitute the following.
The Board of Immigration Appeals (“BIA”) determined that Franco-Casasola was ineligible for cancellation of removal due to his conviction of an aggravated felony. In our prior panel opinion, we concluded the BIA did not err in determining that his statute of conviction was divisible. We applied the modified categorical approach to decide he had been convicted of an aggravated…
2Cases cited16 opinions
- Shepard v. United StatesSupreme Court of the United States · 2005
- Hamling v. United StatesSupreme Court of the United States · 1974
- Descamps v. United StatesSupreme Court of the United States · 2013
- United States v. Resendiz-PonceSupreme Court of the United States · 2007
- Zhu v. GonzalesCourt of Appeals for the Fifth Circuit · 2007
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carlos Rendon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2015
- United States v. Martin Guillen-CruzCourt of Appeals for the Fifth Circuit · 2017
- United States v. Oscar CeronCourt of Appeals for the Fifth Circuit · 2014
- Carlos Rendon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2015
- Gabriel Almanza-Arenas v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
6 more not listed; retrieve them via the Exa API.