Criminal Defense of Immigrants



 
 

§ 19.60 3. Listed Controlled Substance

 
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Under a long-standing rule, a state controlled substances conviction will not be sufficient to sustain deportability as an aggravated felony drug trafficking offense, or a controlled substances offense, if: (1) the drug schedules in the state of conviction include substances not listed under the federal schedules; (2) the statute of conviction may be violated with regard to one or more of those substances; and (3) either the record of conviction is completely silent as to the controlled substance involved, or the record of conviction specifically indicates that the conviction arose from an offense involving a substance that is not on the federal list.  See § 21.34, infra.

 

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