Simpson v. Holder , 351 F. App'x 904 ( 2009 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 30, 2009
No. 08-60874
Summary Calendar Charles R. Fulbruge III
Clerk
HOPETON GEORGE SIMPSON
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. A21 041 361
Before REAVLEY, DAVIS, and HAYNES, Circuit Judges.
PER CURIAM:*
Hopeton George Simpson petitions this court to review the decision of the
Board of Immigration Appeals (BIA) dismissing his appeal and affirming the
immigration judge’s (IJ) order that Simpson was ineligible for cancellation of
removal pursuant to 8 U.S.C. § 1229b(a)(3) because he had committed an
aggravated felony. Simpson, who has been convicted in state court of possession
of controlled substances on more than one occasion since his admission to the
*
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should not be published and is not precedent except under the limited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.
No. 08-60874
United States, contends that none of his convictions constitutes an aggravated
felony in its own right. He argues that he should not be deemed an aggravated
felon based on his recidivism because he was not convicted of a recidivist offense
in state court. Simpson also argues that the rule of lenity should be applied.
The BIA correctly determined that Simpson had committed 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).
The rule of lenity is not applicable given this court’s interpretation of the
relevant statutory language. Id. at 268 n.7.
Simpson’s petition for review is DENIED.
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