Criminal Defense of Immigrants


§ 21.28 (B)

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(B)  Aggravated Felony.  A conviction is an aggravated felony if it involves drug trafficking.  A conviction is also the conviction is an aggravated felony if it is for a “drug trafficking crime (as defined in section 924(c) of title 18, United States Code).”[250]  Section 924(c) of Title 18 in turn lists convictions under: (1) the Controlled Substances Act (21 U.S.C. § § 801, et seq.), (2) the Controlled Substances Import and Export Act (21 U.S.C. § § 951, et seq.), and (3) the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901, et seq.).  The Import and Export Act contain offenses relating to the importation and exportation of controlled substances.  The Maritime Drug Law Enforcement Act restricts drug offenses committed on a United States vessel, or one subject to the jurisdiction of the United States.  Violation of any of these statutes, or a state analogue, will be considered an aggravated felony.


NOTE: Import/Export is distinguishable from transportation[251] of a controlled substance.[252]

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

[251] See § 21.23, supra.

[252] United States v. Cabaccang, 332 F.3d 622 (9th Cir. June 6, 2003) (transportation of controlled substances on a nonstop flight within the United States does not constitute importation under 21 U.S.C. § 952(a), even though the flight traveled through international airspace).