Margarito will fight Roberto Garcia on May 8, the Cinco de Mayo weekend, in a 10-round junior middleweight bout in Aguascalientes, Mexico, promoter Bob Arum said. The fight will headline a previously planned card that includes WBA interim super featherweight champion Jorge Solis defending against Mario Santiago.

“We felt it was time he got back in action,” Arum said.

“He has to make a living.” Margarito was preparing to fight Mosley on Jan. 24, 2009, at Staples Center in Los Angeles when Mosley's trainer Naazim Richardson noticed a plaster-like substance in his wraps. A hard substance like plaster can give a fighter heavier hands and more punching power.

Margarito's hands were rewrapped and he wound up getting stopped in the ninth round by Mosley in what was considered a mild upset. After a hearing before the California Athletic Commission, Margarito and trainer Javier Capetillo were each suspended for at least one year, a decision that has been upheld by other state athletic commissions.

“Now that he's served his time, it's time for him to get back in the ring, and we'll be applying for a license for him in various states depending on where he might fight,” said Arum, who maintains that Margarito knew nothing about the illegal wraps.

The three-time world champion could have fought earlier in Mexico, where decisions handed down in the United States are generally not enforced, but Arum said Margarito (37-6, 27 KOs) remained out of the ring so that he could curry favor with the state commissions.

“He resisted fighting in Mexico any time during that one-year period,” Arum said, “and as far as he's concerned, as far as I'm concerned, enough is enough.” He will return against a relative unknown in Garcia (28-2, 21 KOs), who carries a 14-bout unbeaten streak and a record that looks good on paper.

“I would say he's been frustrated, greatly frustrated, because Antonio believes that what happened was horrific,” Arum said. “He felt that he could understand that his license was revoked, even though he wasn't aware of it, because it happened in his corner. He understands.”