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 * Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. 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. 2