United
States v. Palacios-Suarez, 418 F.3d 692 (6th Cir. Jul. 22,
2005) (second state misdemeanor drug possession conviction
was not a "hypothetical federal felony" for aggravated
felony purposes, based upon recidivist provision of Controlled
Substance Act (CSA), because the second offense occurred before
the first drug possession conviction became final).

Liao v. Rabbett, 398 F.3d
389 (6th Cir. Feb. 7, 2005) (Ohio conviction of possession
of heroin, in violation of Ohio Rev. Code § 2925.11, a "fifth
degree felony" under Ohio law, which is punishable by
a maximum term of 12 months imprisonment, did not constitute
an aggravated felony drug trafficking offense, under INA §
101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B)).

United States v. Murillo-Iniguez,
318 F.3d 709 (6th Cir. Feb. 5, 2003) (federal conviction of
importation of cocaine, in violation of 21 U.S.C. § 952(a)(1),
constituted an aggravated felony for purposes of imposing
a sentence enhancement for illegal re-entry).

Pulice v. INS, 218 F.3d
505 (6th Cir. June 13, 2000) (federal conviction of possession
with intent to distribute marijuana in violation of 21 U.S.C.
§ 841(a)(1) constituted aggravated felony under INA 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B) for immigration purposes).

Romero v. Reno, 198 F.Supp.2d 276 (W.D.N.Y.
Sept. 25, 2001) (New York conviction for criminal sale of
controlled substance in the third degree, in violation of
N.Y. Penal Law § 220.43, constituted conviction for aggravated
felony, under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

United States v. Gomez-Ortiz,
62 F.Supp.2d 508 (D.R.I. Aug. 4, 1999) (Massachusetts misdemeanor
conviction for first-offense possession with intent to distribute,
in violation of M.G.L. 94C, § 32C(a) and M.G.L. 274 1, did
not constitute "felony," and was therefore not "aggravated
felony," under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of U.S.S.G.

United States v. Graham, 927 F.Supp. 619
(W.D.N.Y. June 18, 1996) (New York misdemeanor conviction
for criminal sale of marijuana constituted aggravated felony
under former INA § 101(a)(43)(C), 8 U.S.C. 1101(a)(43)(C)
(now INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)), even
though prior conviction was misdemeanor under New York state
law).

United States v. Jimenez, 921
F.Supp. 1054 (S.D.N.Y. Nov. 13, 1995), affd, 131 F.3d 132
(2d Cir. Dec. 2, 1997) (Table) (New York convictions of attempted
criminal sale of cocaine in the third degree constituted "illicit
trafficking in a controlled substance," and were therefore
aggravated felonies under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
disqualifying the noncitizen from receiving voluntary departure).

Mejia-Ruiz v. INS, 871 F.Supp. 159 (E.D.N.Y.
Dec. 16, 1994) (New York felony conviction for criminal sale
of cocaine in the fifth degree was an "aggravated felony"
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for
purposes of eligibility to be admitted into United States
on parole where conviction would have been punishable as felony
if prosecuted under federal law).

Kellman v. District Director, U.S.
INS, 750 F.Supp. 625 (S.D.N.Y. Nov. 6, 1990) (New York conviction
for distribution of a controlled substance, in violation of
New York Penal Law § 220.39, constituted aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for
removal purposes).