United States Fifth Circuit

Petition for review of a dismissal by the BIA of petitioner's appeal from a decision denying his application for the discretionary relief of cancellation of removal is vacated and remanded where petitioner's state conviction for criminal sale of marijuana in the fourth degree did not qualify as an "aggravated felony" under the Immigration and Nationalization Act (INA) for purposes of barring discretionary relief.

Appellate Information

• Decided 10/24/2006
• Published 10/25/2006

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jonathan K. Youngwood, Marcia Amanda Griffith (argued), Simpson, Thacher & Bartlett, New York City, for Smith.


• For Appellees:
  
• Shelley R. Goad (argued), Thomas Ward Hussey, Dir., Linda Susan Wendtland, U.S. Dept. of Justice, Div. Div. OIL, Washington, DC, Caryl G. Thompson, U.S. INS, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.