IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 11-60824 Summary Calendar CLAUDIA PENA-HERNANDEZ, also known as Claudia Pena Hernandez, also known as Claudia Hernandez Pena, Petitioner, v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A090 891 897 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM: * Mexican citizen Claudia Pena-Hernandez petitions for review of the order of the Board of Immigration Appeals (BIA) dismissing her appeal from the order of the immigration judge denying her application for cancellation of removal pursuant to 8 U.S.C. § 1229b(a). She was found ineligible for cancellation of removal because she had not shown that her Texas conviction for delivery of a controlled substance did not constitute an aggravated felony. Pena-Hernandez United States Court of Appeals Fifth Circuit F I L E D August 9, 2012 Lyle W. Cayce Clerk 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. Case: 11-60824 Document: 00511952021 Page: 1 Date Filed: 08/09/2012
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Claudia Pena-Hernandez v. Eric Holder, jr. (5th Cir 8-9-12) burden shifting
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IN THE UNITED STATES COURT OF APPEALSFOR THE FIFTH CIRCUIT
No. 11-60824Summary Calendar
CLAUDIA PENA-HERNANDEZ, also known as Claudia Pena Hernandez, alsoknown as Claudia Hernandez Pena,
Petitioner,
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of theBoard of Immigration Appeals
BIA No. A090 891 897
Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Mexican citizen Claudia Pena-Hernandez petitions for review of the order
of the Board of Immigration Appeals (BIA) dismissing her appeal from the order
of the immigration judge denying her application for cancellation of removal
pursuant to 8 U.S.C. § 1229b(a). She was found ineligible for cancellation of
removal because she had not shown that her Texas conviction for delivery of a
controlled substance did not constitute an aggravated felony. Pena-Hernandez
United States Court of AppealsFifth Circuit
F I L E DAugust 9, 2012
Lyle W. CayceClerk
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.
Case: 11-60824 Document: 00511952021 Page: 1 Date Filed: 08/09/2012
2009). She did not carry this burden, and she therefore failed to demonstrate
that she was eligible for cancellation of removal.
PETITION DENIED.
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Case: 11-60824 Document: 00511952021 Page: 2 Date Filed: 08/09/2012
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Further Reading: Purpose of Initial Evidence and the Prima Facie Showing http://www.ilw.com/articles/2012,0523-whalen.shtm Issue Preclusion As To The Tenant-Occupancy Methodology in EB-5 http://www.ilw.com/articles/2012,0403-whalen.shtm Significance Of Prerequisites Within Various INA Contexts http://www.ilw.com/articles/2012,0501-whalen.shtm Ninth Circuit on How Collateral Estoppel Applies in Immigration Proceedings http://www.ilw.com/articles/2012,0322-Whalen.shtm