Lopez v. Gonzales, 549 U.S. ___,127 S.Ct. 638 n.8 (Dec. 5, 2006) ("[T]he parties agree that Congress added the provision that both state and federal offenses qualify as aggravated felonies to codify the BIA's decision in Matter of Barrett, 20 I. & N. Dec. 171 (1990), see also H. R. Rep. No. 101.681, pt. 1, p. 147 (1990) (noting that the provision reflects congressional approval of Barrett), our enquiry requires looking beyond Congress's evident acceptance of Barrett. In Barrett, the BIA held only that the phrase 'drug trafficking crime' includes state 'crimes analogous to offenses under the Controlled Substances Act,' Barrett, supra, at 177, 178, without specifying whether a state crime must be 'analogous' to a CSA felony, as opposed to a CSA misdemeanor, to count.").