Adrian Garcia v. Eric Holder, Jr.

EMILIO M. GARZA, Circuit Judge,

specially concurring:

I concur in the judgment denying Garcia’s petition for review. I agree that Garcia is ineligible to seek discretionary cancellation of removal because his New Mexico auto-burglary conviction constitutes an aggravated felony under federal immigration law. See 8 U.S.C. § 1229b(a)(3) (providing that the Attorney General “may cancel removal” if a nonciti-zen “has not been convicted of any aggravated felony”).

I write separately for two reasons. First, Lopez-Elias v. Reno, 209 F.3d 788 (5th Cir.2000), provides a more straightforward basis for…