United States Fifth Circuit

Petitioner's petition of review of the BIA's decision not to cancel his removal is denied, where 1) the burden is on a removable alien to show his eligibility for cancellation; and 2) possession of cocaine with intent to deliver, of which Petitioner was convicted, is an "aggravated felony" under the Immigration and Nationality Act.

Appellate Information

• Decided 04/03/2009
• Published 04/03/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Maurice Hew, Jr., Thurgood Marshall Sch. of Law, Houston, TX, for Petitioner.


• For Appellees:
  
• Luis Enrique Perez, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Guadalupe R. Gonzales, Imm. & Customs Enforcement, Chief Counsel's Office, El Paso, TX, for Respondent.