IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 19, 2009
No. 09-60181
Summary Calendar Charles R. Fulbruge III
Clerk
JUAN MANUEL DEAVILA,
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. A91 382 030
Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Juan Manuel DeAvila, a native and citizen of Mexico, petitions for review
of an order of the Board of Immigration Appeals (BIA). It found him to be
ineligible for cancellation of removal because his 2004 and 2006 Texas
convictions for possession of methamphetmine constituted an aggravated felony
for the purposes of immigration law. DeAvila contends that the BIA erred by
treating his conviction as equivalent to the federal offense of “recidivist
possession.” See 21 U.S.C. § 844(a).
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 09-60181
We conclude that the BIA correctly determined that DeAvila’s offenses
together constituted an aggravated felony for immigration law purposes. See
Carachuri-Rosendo v. Holder, 570 F.3d 263, 266-68 (5th Cir. 2009), petition for
cert. filed (July 15, 2009) (No. 09-60).
PETITION DENIED.
2