Criminal Defense of Immigrants

(C)  “Reason to Believe.”  An offense must involve drug trafficking under these grounds.  Since simple possession, even as a second offense, does not involve drug trafficking, a second simple possession conviction should have no effect.  However, this is a conduct based ground, and the noncitizen may be inadmissible if s/he in fact engaged in drug trafficking, even if there is no trafficking conviction.[167]

[167] See § 21.6, supra.