Laguna-Hernandez v. Holder , 354 F. App'x 54 ( 2009 )


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  •            IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    November 12, 2009
    No. 08-60477
    Summary Calendar                    Charles R. Fulbruge III
    Clerk
    ARISTIDES LAGUNA-HERNANDEZ, also known as Aristides Hernandez
    Laguna,
    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. A29 134 877
    Before WIENER, DeMOSS, and SOUTHWICK, Circuit Judges.
    PER CURIAM:*
    Aristides Laguna-Hernandez (Laguna), a native and citizen of Nicaragua,
    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 2007 Texas
    conviction of possession of marijuana constituted an aggravated felony for
    purposes of immigration law. Laguna contends that the BIA erred by treating
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-60477
    his conviction as equivalent to the federal offense of “recidivist possession.” See
    
    21 U.S.C. § 844
    (a).
    We conclude that the BIA correctly determined that Laguna’s offense
    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
    

Document Info

Docket Number: 08-60477

Citation Numbers: 354 F. App'x 54

Judges: DeMOSS, Per Curiam, Southwick, Wiener

Filed Date: 11/12/2009

Precedential Status: Non-Precedential

Modified Date: 8/2/2023