Heredia-Arroyo v. Holder, et al, No. 08-60112 (5th Cir. 2010)
Annotate this Case
Download PDF
Case: 08-60112 Document: 00511309648 Page: 1 Date Filed: 12/02/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-60112 Summary Calendar December 2, 2010 Lyle W. Cayce Clerk ADOLFO HEREDIA-ARROYO, Petitioner v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A19 022 460 Before KING, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Adolfo Heredia-Arroyo (Heredia), a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (BIA). The BIA found Heredia ineligible for cancellation of removal because his 1997 Texas conviction of possession of marijuana constituted an aggravated felony for purposes of immigration law. Because none of Heredia s Texas drug convictions were based upon the fact of a prior conviction, the BIA erred by determining that he had committed an * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 08-60112 Document: 00511309648 Page: 2 Date Filed: 12/02/2010 No. 08-60112 aggravated felony and that, as a result, he was ineligible for cancellation of removal. See Carachuri-Rosendo v. Holder, 130 S. Ct. 2577, 2580 (2010). Heredia s petition for review is GRANTED. The order of the BIA is VACATED, and the case is REMANDED to allow him to pursue cancellation of removal in light of the Supreme Court s ruling in Carachuri-Rosendo. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
