United States Fifth Circuit

Petition for review of the BIA's denial of application for cancellation of removal is denied where Petitioner was ineligible for cancellation because he had a prior state conviction for drug possession that could have been punished as a felony under the federal Controlled Substances Act.

Appellate Information

• Decided 05/29/2009
• Published 06/02/2009

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and KING and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Thomas F. Perkinson, University of Houston Law Ctr., Houston, TX, Lawrence Erik Rushton (argued), Rushton Law Firm, Bellaire, TX, for Petitioner., James Walden (argued), Gibson, Dunn & Crutcher, LLP, New York City, for Amicus Curiae, N.Y. State Defenders Ass'n.


• For Appellees:
  
• Ada Elsie Bosque (argued), John Clifford Cunningham, Saul Greenstein, Thomas Ward Hussey, Director, U.S. Dept. of Justice, OIL, Washington, DC, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.