Criminal Defense of Immigrants

(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).”[544]

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

                (1)           a conviction of an offense;

                (2)           which is a felony;[545]

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

(4)           in a controlled substance “(as defined in section 102 of the Controlled Substances Act).”[546]

The generic definition of “trafficking” is “the unlawful trading or dealing of any controlled substance.”[547]  See § 19.61, infra.

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

[545] See § 19.57, infra.

[546] See § 19.60, supra.

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