Matter of Elgendi, 23 I. &
N. Dec. 515 (BIA Oct. 31, 2002) (en banc) (New York second
misdemeanor conviction of possession of marijuana in the fifth
degree, in violation of New York Penal Law § 221.10, did not
constitute a drug trafficking crime, under 18 U.S.C. § 924(c)(2),
under the Second Circuit test of United States v. Pornes-Garcia,
171 F.3d 142 (2d Cir. Mar. 26, 1999), since state law held
these convictions were misdemeanors with a maximum of three
months in custody, and therefore not drug-trafficking aggravated
felonies under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for deportation purposes).