DRUG TRAFFICKING - POSSESSION
Matter of LG, 21 I. & N. Dec.
89 (BIA Sept. 27, 1995) (en banc) (Louisiana conviction of
drug possession, considered a felony under state law, could
not be considered a "felony" under 18 U.S.C. § 924(c)(2),
and is therefore not an "aggravated felony" under
INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)), overruled
in part by Matter of Yanez-Garcia, 23 I. & N. Dec. 390
(BIA May 13, 2002).
DRUG TRAFFICKING - POSSESSION
Matter of LG, 20 I. & N. Dec.
905 (BIA Nov. 3, 1994) (federal conviction under 21 U.S.C.
§ 844(a) for simple possession of more than 5 grams of a mixture
or substance which contains cocaine base is a conviction for
an aggravated felony under INA § 101(a)(43), 8 U.S.C. 1101(a)(43),
as is a state conviction analogous to such a federal conviction).
DRUG TRAFFICKING - USE OF FIREARM DURING DRUG TRAFFICKING CRIME
Matter of KL, 20 I. & N. Dec. 654 (BIA June 3, 1993) (federal
conviction under 18 U.S.C. § 924(c)(1), for use of a firearm
during a drug trafficking crime, is deportable under former
8 U.S.C. § 1251(a)(2)(A)(iii), as a drug-trafficking aggravated
felony under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B))
(alternative holding).
DRUG TRAFFICKING - CONSPIRACY TO DISTRIBUTE
Matter of Davis, 20
I. & N. Dec. 536 (BIA May 28, 1992) (Maryland conviction
of conspiracy to distribute a controlled substance, in violation
of article 27, section 286(a)(1) of the Maryland Annotated
Code, constitutes a "drug trafficking crime" as
defined in 18 U.S.C. § 924(c)(2) (1988), and is therefore
an aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.
DRUG TRAFFICKING - POSSESSION
Matter of Davis, 20 I. & N. Dec.
536 (BIA May 28, 1992) (Maryland conviction of simple possession
of a controlled substance does not fall within the common
definition of "illicit trafficking" as used in INA
§ 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).
DRUG TRAFFICKING - DISTRIBUTION
Matter of De La Cruz, 20 I. &
N. Dec. 346 (BIA July 16, 1991) (federal conviction for distribution
of cocaine in violation of 21 U.S.C. § 812, 841(a)(1), (b)(1)(C),
and (b)(2), constituted an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)), criticized by Matter of Ellis,
20 I. & N. Dec. 641 (BIA Mar. 8, 1993).
DRUG TRAFFICKING - SALE
Matter of Roberts, 20 I. & N. Dec.
294 (BIA May 1, 1991) (Missouri conviction for felony sale
of a controlled substance is sufficient to support a determination
that the respondent is a drug trafficker within the meaning
of INA § 101(a)(43), 8 U.S.C. 1101(a)(43)).
DRUG TRAFFICKING - POSSESSION FOR SALE
Matter of Barrett, 20 I.
& N. Dec. 171 (BIA Mar.
MISPRISION OF FELONY
Matter of Espinoza, 22 I. & N. Dec. 889 (BIA
June 11, 1999) (en banc) (federal conviction for misprision
of a felony under 18 U.S.C. § 4 (1994) does not constitute
a conviction for an aggravated felony under INA § 101(a)(43)(S),
8 U.S.C. § 1101(a)(43)(S), as an offense relating to obstruction
of justice), distinguishing Matter of Batista-Hernandez, 21
I. & N. Dec. 955 (BIA July 15, 1997).
MONEY LAUNDERING
Chowdhury v. INS, 249 F.3d 970, 972-974 (9th Cir.
May 14, 2001) (federal conviction for money laundering $1,310
in violation of 18 U.S.C. § 1956(a)(1)(A) did not constitute
an "aggravated felony," even though defendant was
ordered to pay $967,753.39 in restitution, because, under
INA § 101(a)(43)(D), 8 U.S.C. 1101(a)(43)(D), the amount
of funds laundered must exceed $10,000).