Flores-Abarca v. Barr, No. 17-60236 (5th Cir. 2019)
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The Fifth Circuit granted a petition for review of the BIA's decision holding petitioner statutorily ineligible for cancellation of removal based on a prior 2004 firearm transportation conviction. The court held that petitioner failed to exhaust his challenge to the immigration court's jurisdiction based on alleged defects in his Notice to Appear.
However, on the merits, the court 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, petitioner's conviction did not disqualify him from seeking cancellation of removal. The court remanded for further proceedings.
The court issued a subsequent related opinion or order on August 19, 2019.
The court issued a subsequent related opinion or order on August 28, 2019.
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