Esquivel-Garcia v. Holder, No. 07-70640

Petition for review of the BIA's denial of petitioner's requests for cancellation of removal, adjustment of status and voluntary departure is granted in part where the government needed to put forth reliable evidence to show that the petitioner was convicted of a disqualifying controlled substance offense.  However, the petition is denied in part where there was sufficient evidence to support the Immigration Judge's finding that petitioner had possessed a disqualifying controlled substance, and that precluded adjustment of status.

Read Esquivel-Garcia v. Holder, No. 07-70640

Appellate Information

Argued and Submitted December 9, 2009

Filed January 28, 2010

Judges

Opinion by Judge Thompson

Counsel

For Petitioner:

Sylvia Rivera, Los Angeles, CA

For Respondent:

David Schor, Department of Justice, Washington, DC