Ferreira v. Ashcroft, 382 F.3d 1045 (9th Cir. Sept. 9, 2004) (prior drug possession conviction was not an aggravated felony since it would not be punishable as felony under federal drug laws and does not contain a trafficking element). NOTE: This case solidifies the holding of Cazarez-Gutierrez rule that for immigration purposes, the measure of whether a state non-trafficking drug conviction is a "felony" and therefore an aggravated felony is whether the analogous federal drug offense is classed as a felony.  It is not, as Matter of Yanez held, whether the state classifies the offense as a felony.  Because simple possession is a misdemeanor under federal law, even a state felony conviction for simple possession will not be treated as an aggravated felony in immigration proceedings held in the Ninth Circuit.