Legal Opinion

Carachuri-Rosendo v. Holder

Court of Appeals for the Fifth Circuit

Decided June 2, 2009No. 07-61006PublishedCited by 27 opinions

1Opinion of the Court

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 is correct, we DENY Carachuri’s petition for review.

I. Background

Carachuri was admitted to the United States in 1993 and became a…

2Cases cited24 opinions

  1. Muscarello v. United StatesSupreme Court of the United States · 1998
  2. Lopez v. GonzalesSupreme Court of the United States · 2006
  3. David Gerbier v. M. Francis Holmes, Acting District Director, U.S. Immigration and Naturalization Service John Ashcroft, U.S. Attorney General.Court of Appeals for the Third Circuit · 2002
  4. Lopez-Elias v. RenoCourt of Appeals for the Fifth Circuit · 2000
  5. United States v. Hernandez-AvalosCourt of Appeals for the Fifth Circuit · 2001

19 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010
  2. United States v. SimmonsCourt of Appeals for the Fourth Circuit · 2011
  3. Nieto Hernandez v. HolderCourt of Appeals for the Fifth Circuit · 2009
  4. CHAIREZBoard of Immigration Appeals · 2017
  5. Carachuri-Rosendo v. HolderSupreme Court of the United States · 2010

22 more not listed; retrieve them via the Exa API.

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