United States Supreme Court

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Carachuri-Rosendo v. Holder, 09-60

The Fifth Circuit's denial of petitioner's petition for review of the BIA's order holding that petitioner was not eligible for cancellation of removal is reversed where second or subsequent simple possession offenses are not aggravated felonies under 8 U.S.C. section 1101(a)(43) when, as in this case, the state conviction was not based on the fact of a prior conviction.

Appellate Information

  • Decided 06/14/2010
  • Published 06/14/2010



  • United States Supreme Court