Alejos-Perez v. Garland, No. 22-60555 (5th Cir. 2024)
Annotate this CaseMario Alejos-Perez, a Mexican citizen and lawful permanent resident of the United States, sought a review of a Board of Immigration Appeals (BIA) final order of removal that found him removable under 8 U.S.C. § 1227(a)(2)(B)(i) based on his Texas conviction for possessing a synthetic cannabinoid. The United States Court of Appeals for the Fifth Circuit denied his petition for review. The court agreed with the BIA's conclusion that Alejos-Perez failed to prove there was a "realistic probability" that Texas would use the state statute he was convicted under to prosecute the possession of drugs that are not criminalized under federal law, which would mean his conviction would not be a removable offense. Alejos-Perez argued that the "realistic probability" standard should not apply, but the court rejected his argument, citing the rule of orderliness and the law of the case doctrine. The court also found that Alejos-Perez failed to exhaust his administrative remedies regarding several authorities he cited for the first time during his appeal.
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