Case: 09-60912 Document: 00511271230 Page: 1 Date Filed: 10/22/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 22, 2010
No. 09-60912
Summary Calendar Lyle W. Cayce
Clerk
NOE SALAZAR-RODRIGUEZ,
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. A034 656 055
Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Mexican citizen Noe Salazar-Rodriguez petitions for review of the decision
of the Board of Immigration Appeals (BIA) determining that he is ineligible for
cancellation of removal pursuant to 8 U.S.C. § 1229b(a) because his 1996 Texas
deferred adjudication conviction of possession of marijuana constituted an
aggravated felony due to two prior convictions of possession of controlled
substances.
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 09-60912 Document: 00511271230 Page: 2 Date Filed: 10/22/2010
No. 09-60912
Salazar-Rodriguez’s 1996 deferred adjudication was not treated as a
recidivist offense in state court. It therefore does not constitute an aggravated
felony for purposes of federal immigration law. The 1996 conviction does not
render him ineligible to be considered for cancellation of removal. See
Carachuri-Rosendo v. Holder, 130 S. Ct. 2577, 2580, 2589 (2010). Salazar-
Rodriguez’s petition for review is GRANTED. The order of the BIA is VACATED
and the case is REMANDED to allow Salazar-Rodriguez to pursue cancellation
of removal in light of the Supreme Court’s ruling in Carachuri-Rosendo.
2