Alexis v. Holder

Case: 08-60745 Document: 00511192061 Page: 1 Date Filed: 08/02/2010

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 2, 2010 No. 08-60745

Lyle W. Cayce Clerk RICHARD LAWRENCE ALEXIS, also known as Richard Alexis, also known as Richard L Alexis

Petitioner v.

ERIC H. HOLDER, JR., U S ATTORNEY GENERAL

Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A43-155-894

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before REAVLEY, DAVIS, and HAYNES, Circuit Judges.

PER CURIAM:*

This court’s judgment of November 13, 2009, holding that Alexis is ineligible for cancellation of removal due to his status as an aggravated felon, and relying on our controlling precedent in Carachuri-Rosendo v. Holder, 570

Case: 08-60745 Document: 00511192061 Page: 2 Date Filed: 08/02/2010 No. 08-60745

F.3d 263 (5th Cir. 2009), has now been overruled by the Supreme Court in Carachuri-Rosendo v. Holder, 560 U.S. ___, 130 S.Ct. 2577 (June 14, 2010). Our judgment was reversed and the case remanded. We therefore reverse and remand to the district court for reconsideration without the aggravated felony conviction of Alexis.

REVERSED and REMANDED.