Sergio Martin Pineda-Galvan, a native and citizen of Mexico, petitions this court for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal of the immigration judge’s order that Pineda-Galvan is removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) and ineligible for cancellation of removal pursuant to 8 U.S.C. § 1229b(a)(3) because he committed an aggravated felony.

Pineda-Galvan argues that the BIA improperly characterized his 2000 Texas conviction for possession of cocaine as an aggravated felony punishable under 21 U.S.C. § 844(a) because he was not charged or convicted as a state recidivist; the BIA should not have followed the hypothetical approach used by this court in United States v. Sanchez-Villalobos, 412 F.3d 572 (5th Cir. 2005); and the procedure under which he was convicted did not cor *909 respond to federal procedure for recidivist drug convictions under 21 U.S.C. § 851. As we recently explained in Carachuri-Rosendo v. Holder, 570 F.3d 263 (5th Cir. 2009), petition for cert. filed (July 15, 2009) (No. 09-60), Pineda-Galvan’s arguments are unavailing.

Pineda-Galvan’s petition for review is DENIED.