Aguirre v. INS, 79 F.3d 315 (2d Cir. Mar.
22, 1996) (New York conviction of possession of a controlled
substance in the second degree, in violation of N.Y.Pen.L.
§ 220.18, that was felony under state law but not federal
law, did not qualify as an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of deportation), overruling
Jenkins v. INS, 32 F.3d 11 (2d Cir. 1994).

jurisdiction: 
Second Circuit

 

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