Garcia v. Ashcroft, 394 F.3d 487 (7th Cir. Jan. 6, 2005) (petition for review is transferred to the district court and must be construed as a petition for a writ of habeas corpus to determine whether noncitizen's state felony conviction for possession of a controlled substance, which is punishable only as a misdemeanor under federal law, qualifies as an aggravated felony).
http://caselaw.lp.findlaw.com/data2/circs/7th/041481p.pdf