Criminal Defense of Immigrants


§ 21.12 (A)

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(A)  In General.  Most, but not all, controlled substances convictions fall under either of two tests used to determine whether a conviction triggers deportation as an aggravated felony drug trafficking offense.  The breadth of this ground is unfortunate, since an aggravated felony conviction triggers the worst immigration consequences. See § 19.96, supra.  The two tests are described in detail in § 19.56, supra.  A conviction of simple possession, however, cannot be considered an aggravated felony.[93]


                The aggravated felony definition includes a conviction of an offense of:


(B) illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act), including a drug trafficking crime (as defined in section 924(c) of title 18, United States Code) . . . .[94]


                A drug trafficking offense thus can be categorized as an aggravated felony if it meets either of two tests provided in the statute. 


[93] See § 21.18, infra.

[94] INA § 101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B).