Flores-Abarca v. Barr, No. 17-60236 (5th Cir. 2019)
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Upon sua sponte rehearing, the Fifth Circuit withdrew its prior opinion and substituted the following opinion.
The court granted the petition for review and held that petitioner failed to exhaust his challenge to the immigration court’s jurisdiction based on alleged defects in his Notice to Appear. The court also held that the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not one of the firearms offenses listed under 8 U.S.C. 1227(a)(2)(C). Therefore, the court concluded that this conviction did not disqualify petitioner from seeking cancellation of removal. Accordingly, the court vacated the BIA's order and remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on August 16, 2019.
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