U.S. Court of Appeals for the Fifth Circuit, 2009

Laguna-Hernandez v. Holder

Laguna-Hernandez v. Holder
U.S. Court of Appeals for the Fifth Circuit · Decided November 12, 2009 · Wiener, Demoss, Southwick
354 F. App'x 54

Laguna-Hernandez v. Holder

Opinion

PER CURIAM: *

Aristides Laguna-Hernandez (Laguna), a native and citizen of Nicaragua, petitions for review of an order of the Board of Immigration Appeals (BIA). It found him to be ineligible for cancellation of removal because his 2007 Texas conviction of possession of marijuana constituted an aggravated felony for purposes of immigration law. Laguna contends that the BIA erred by treating his conviction as equivalent to the federal offense of “recidivist possession.” See 21 U.S.C. § 844(a).

We conclude that the BIA correctly determined that Laguna’s offense constituted an aggravated felony for immigration law purposes. See Carachuri-Rosendo v. Holder, 570 F.3d 263, 266-68 (5th Cir. 2009), petition for cert. filed (July 15, 2009) (No. 09-60).

PETITION DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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