United States Fifth Circuit

In a petition for review of the BIA's denial of petitioner's application for cancellation of removal, the petition is denied where state felon in-possession offenses, such as Texas Penal Code section 46.04(a), need not have an interstate commerce element in order for the offense to be an offense "described in" 18 U.S.C. section 922(g)(1).

Appellate Information

• Decided 12/30/2009
• Published 12/30/2009

Judges

• HAYNES, Circuit Judge:, Before KING, DAVIS and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Raes Gonzalez, Bruce James Godzina, Foster Quan, L.L.P., Houston, TX, for Petitioner.


• For Appellees:
  
• Gregory Michael Kelch, Ari Nazarov, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.