De La Cruz v. Maurer, 483 F.3d 1013 (10th Cir. April 3, 2007) (court failed to reach claim that Utah misdemeanor conviction of possession of a controlled substance did not constitute a controlled substance offense, under INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i), by analogy to the Sentencing Guidelines' definition requiring a trafficking element, because this specific claim had not been exhausted before the BIA), citing Salinas v. United States, 547 U.S. 188 (2006) (conviction for simple possession of a controlled substance is not a "controlled substance offense" for purposes of the United States Sentencing Guidelines because the Guidelines expressly define the offense to require a trafficking element).