Aggravated Felonies

(A)  The conviction must be for an offense involving “illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act).”[231]

            The elements of this branch of the drug trafficking aggravated felony category are:

            (1)       a conviction of an offense;

            (2)       which is a felony;[232]

            (3)       of illicit trafficking (i.e., a commercial transaction);

(4)       in a controlled substance “(as defined in section 102 of the Controlled Substances Act).”[233]

The generic definition of “trafficking” is “the unlawful trading or dealing of any controlled substance.”[234]  See § 5.43, infra.

[231] Controlled Substances Act § 102 is the large federal schedule listing illegal drugs, including marijuana and hashish.

[232] See § 5.39, infra.

[233] See § 5.42, supra.

[234] Matter of Davis, 20 I. & N. Dec. 536, 541 (BIA 1992).