Case: 07-61006 Document: 00511196944 Page: 1 Date Filed: 08/06/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 6, 2010
No. 07-61006 Lyle W. Cayce
Clerk
JOSE ANGEL CARACHURI-ROSENDO
Petitioner
v.
ERIC H. HOLDER, JR., U S ATTORNEY GENERAL
Respondent
Petition For Review of an Order
of the United States Board of Immigration Appeals
ON REMAND FROM THE SUPREME COURT
OF THE UNITED STATES
Before JONES, Chief Judge, and KING and ELROD, Circuit Judges.
PER CURIAM:
The Supreme Court reversed the decision of this court in Carachuri-
Rosendo v. Holder, No. 09-60, _____ U.S. _____, 130 S. Ct. 2577. The
consequence of the Court’s action is that this petitioner was not ineligible for
cancellation of removal based on his recidivist state misdemeanor conviction for
drug possession. Because the state did not enhance his conviction based on the
fact of a prior conviction, “he has not been ‘convicted’ under § 1229b(a)(3) of a
‘felony punishable’ as such ‘under the Controlled Substances Act,’ 18 USC
§ 924(c)(2).” Id. at _____ U.S. _____, 130 S. Ct. at 2589. Accordingly, this court
Case: 07-61006 Document: 00511196944 Page: 2 Date Filed: 08/06/2010
No. 07-61006
must GRANT the petition for review and REMAND to the BIA for further
proceedings to adjudicate the petition for cancellation of removal.
Petition Granted; Case Remanded.
2