Copeland v. Ashcroft,
246 F.Supp.2d 183 (W.D.N.Y. Feb. 10, 2003) (New York misdemeanor
conviction of Criminal Sale of Marijuana in the Fourth Degree,
in violation of New York Penal Law § 221.40, constitutes an
aggravated felony under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
under the common-sense definition of illicit trafficking,
since the defendant was convicted of acting as a businessman
or merchant in connection with the trading, selling or dealing
in controlled substances), ruling that the BIA decision in
Matter of Elgendi, 23 I. & N. Dec. 515 (BIA Oct. 31, 2002)
is not in accord with the law of the Second Circuit, as expressed
in United States v. Simpson, 319 F.3d 81 (2d Cir. 2002)).