Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is GRANTED.

Morgan-White petitioned this court for review of the decision of the Board of Immigration Appeals dismissing his appeal and affirming the immigration judge’s order that Morgan-White is ineligible for cancellation of removal pursuant to 8 U.S.C. § 1229b(a) because he committed an aggravated felony. This court affirmed the Board’s decision, finding Morgan-White’s appeal foreclosed by our decision in Carachuri-Rosendo v. Holder. 1 The Supreme Court has since reversed that decision, rejecting this court’s “hypothetical approach” and holding that “the defendant must ... have been actually convicted of a crime that is itself punishable as a felony under federal law.” 2 As in Cara-churi-Rosendo, Morgan-White was not actually convicted under the state recidivist statute. In accordance with the Supreme Court’s ruling, we now REVERSE and REMAND. The outstanding motion is moot.