(B)  Misprision of a Felony.  Misprision of a felony is not a drug-related conviction, even though the felony concealed is a deportable controlled substances offense, since misprision of a felony is a criminal offense separate and distinct from the particular felony concealed.[1092]  Note, however, that one court has held a federal conviction of misprision of a felony to be a crime involving moral turpitude.[1093]  See § § 7.11, 7.85, supra, concerning misprision of a felony as an aggravated felony.

[1092] Matter of Velasco, 16 I. & N. Dec. 281 (BIA 1977).

[1093] Itani v. Ashcroft, 298 F.3d 1213 (11th Cir. April 22, 2002) (federal conviction for misprision of a felony, in violation of 18 U.S.C. § 4, constitutes a crime of moral turpitude for purposes of triggering deportation).  This decision is poorly reasoned, since it assessed the turpitude of this offense in the abstract, without considering the particular substantive felony that was in effect facilitated, and did not discuss the fact that attempt and conspiracy to commit non-CMTs are not CMTs themselves, and attempt and conspiracy to commit non-aggravated felonies are not aggravated felonies.  The same reasoning should apply to misprision of a felony, if this offense is ever considered to be a CMT.

Seventh Circuit

Desai v. Mukasey, ___ F.3d ___, 2008 WL 818946 (7th Cir. Mar. 28, 2008) (Illinois conviction of Unlawful Delivery of a Look-Alike Substance, in violation of 720 ILCS 570/404(b), constitutes a conviction of an offense "relating to" a controlled substance, under INA 212(a)(2)(A)(i)(II), 8 U.S.C. 1182(a)(2)(A)(i)(II): "This state law is focused on punishing those who distribute substances that would lead a reasonable person to believe it to be a controlled substance. Psilocybin is a controlled substance under the federal CSA. Thus, this is a state law that is related to a federal controlled substance, in the sense that violating it in the way that Desai did by distributing something that would lead one to believe it contained Psilocybin brings it into association with a federal controlled substance.").

Ninth Circuit

CONTROLLED SUBSTANCES - SOLICITATION
Mielewczyk v. Holder, 575 F.3d 992 (9th Cir. Aug. 5, 2009) (California conviction of offering to transport heroin, in violation of Health and Safety Code 11352(a), constituted a "violation of . . . any law or regulation of a State . . . relating to a controlled substance (as defined in section 802 of Title 21)," rendering him removable under INA 237(a)(2)(B)(i), 8 U.S.C. 1227(a)(2)(B)(i), because the statute of conviction by its own terms is a state law "relating to a controlled substance," and Mielewczyks conviction involved heroin, a controlled substance as defined in 21 U.S.C. 802(6)).

NOTE: The court completely failed to recognize or address the fact that INA 237(a)(2)(B)(i) specifically includes "attempt or conspiracy," but does not include solicitation. In addition, the court erroneously considered facts contained only in dismissal courts as part of the record of conviction.