Rodriguez-Benitez v. Holder, Jr., No. 13-60554 (5th Cir. 2014)
Annotate this CasePetitioner, born in Mexico, appealed the BIA's decision affirming the denial of his application for cancellation of removal for victims of domestic violence. The IJ found petitioner ineligible for relief due to a prior narcotics conviction. The court concluded that the government was not required to charge petitioner's narcotics conviction in the notice to appear for that conviction to serve as a ground of inadmissibility for Special Rule Cancellation; the BIA did not err in concluding that the IJ lacked authority to waive petitioner's narcotics-related grounds of inadmissibility; and petitioner's marijuana conviction makes him inadmissible under INA 212(a)(2)(A)(i)(II), which is a disqualifying ground for Special Rule Cancellation of Removal for victims of domestic violence. Accordingly, the court dismissed the petition for review.
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