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354 F. App'x 137

King v. Holder

U.S. Courts of Appeals

Decided November 17, 2009

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U.S. Courts of Appeals · decided 2009-11-17

Applies 21 U.S.C. § 844 (§ 404 of the Controlled Substances Act) · 8 U.S.C. § 1227 (§ 237 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Carachuri-Rosendo v. Holder

Decided 2009-11-17

PER CURIAM: *

¶1 Ansel Anthony King, a citizen of Trinidad and Tobago, petitions for review of an order of the Board of Immigration Appeals (BIA). It found him to be ineligible for cancellation of removal under 8 U.S.C. § 1229b(a) because his 2006 New York conviction for possession of a controlled substance constituted an aggravated felony for purposes of immigration law. King contends that the BIA erred by treating his conviction as equivalent to the federal *138 offense of “recidivist possession.” See 21 U.S.C. § 844(a).

¶2 We conclude that the BIA correctly determined that King’s offense constituted an aggravated felony for immigration law purposes. See Carachuri-Rosendo v. Holder, 570 F.3d 263, 266-68 (5th Cir.2009), petition for cert. filed, (July 15, 2009) (No. 09-60).

¶3 King also argues that the BIA erred in finding him removable based on his conviction of an aggravated felony. King was charged with being removable, conceded removability, and was found removable based on his conviction for a controlled substance violation under 8 U.S.C. § 1227(a) (2) (B) (i). His removal was not based solely on his conviction of an aggravated felony.

¶4 PETITION DENIED.

*

¶5 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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