Cardona-Lopez v. Holder

392 F. App'x 286

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 3, 2010
• Docket: 08-60199
• Status: Unpublished

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

Victor Hugo Cardona-Lopez, a citizen and native of Mexico, petitioned this court for review of the order issued by the Board of Immigration Appeals’ (BIA) affirming the Immigration Judge’s (IJ’s) determination that he was ineligible for cancellation of removal. The BIA held that Cardona-Lopez’s second criminal possession of a controlled substance constituted a drug-trafficking aggravated felony for immigration purposes. We summarily affirmed the order of the BIA, relying on Carachuri-Rosendo v. Holder, 570 F.3d 263 (5th Cir.2009), reversed, — U.S. -, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010). Having reversed our decision in Carachuri-Rosendo and held that “the defendant must ... have been actually convicted of a crime that is itself punishable as a felony under federal law,” — U.S. -, 130 S.Ct. 2577, 2589, 177 L.Ed.2d 68, the Supreme Court vacated our decision in this case and remanded the case for reconsideration. In accordance with the Supreme Court’s ruling, the order of the BIA is VACATED and the case is REMANDED to the BIA for reconsideration in the light of Carachuri-Rosendo.

VACATED and REMANDED. Each side shall bear its own costs and attorney’s fees.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.