U.S. Court of Appeals for the Fifth Circuit, 2006

Agado-Rivas v. Gonzales

Agado-Rivas v. Gonzales
U.S. Court of Appeals for the Fifth Circuit · Decided March 3, 2006 · Barksdale, Stewart, Clement
169 F. App'x 854

Counsel

Felipe Agado-Rivas, Baytown, TX, pro se., Thomas Ward Hussey, Director, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Hipólito Acosta, U.S. Immigration & Naturalization Service, Houston, TX, Caryl G. Thompson, U.S. Immigration & Naturalization Service, District Directors Office, New Orleans, LA, for Respondent.

Agado-Rivas v. Gonzales

Opinion

PER CURIAM: *

Felipe Agado-Rivas (Agado) petitions for review of the Board of Immigration Appeals’ (the Board’s) denial of his motion to reconsider its decision finding him removable and ineligible for cancellation of removal due to his prior conviction for possession of cocaine. See 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1229b(a). Since Agado’s possession-of-cocaine conviction is appropriately classified as an aggravated felony, this court lacks jurisdiction over the instant petition for review. See United States v. Hernandez-Avalos, 251 F.3d 505, 510 (5th Cir . 2001); 8 U.S.C. § 1252(a)(2)(C). Based on the foregoing, Agado’s petition for review is DISMISSED FOR LACK OF JURISDICTION.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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