Aguirre v. INS, 79 F.3d 315 (2d Cir.
Mar. 22, 1996) (New York conviction of possession of a controlled
substance in the second degree, in violation of N.Y.Pen.L.
§ 220.18, that was felony under state law but not federal
law, did not qualify as an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purposes of deportation), overruling
Jenkins v. INS, 32 F.3d 11 (2d Cir. 1994).

United States v. Polanco, 29 F.3d 35 (2d
Cir. July 12, 1994) (New York conviction for sale of five
grams of cocaine, a controlled substance, in violation of
N.Y.Penal Law § 220.34, a Class C felony, constituted an "aggravated
felony" under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of illegal re-entry sentencing enhancement under
U.S.S.G. § 2L1.2(b)(1)(A)).

Jenkins v. INS, 32 F.3d 11 (2d Cir.
July 12, 1994) (New York conviction that was felony under
state law, but misdemeanor under federal law, qualified as
conviction of "aggravated felony" under statute
regarding automatic stay of deportation), overruled by Aguirre
v. INS, 79 F.3d 315 (2d Cir. Mar. 22, 1996).

Copeland v. Ashcroft,
246 F.Supp.2d 183 (W.D.N.Y. Feb. 10, 2003) (New York misdemeanor
conviction of Criminal Sale of Marijuana in the Fourth Degree,
in violation of New York Penal Law § 221.40, constitutes an
aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.

Manzueta v. Ashcroft, 206 F.Supp.2d 386
(W.D.N.Y. Mar. 29, 2002) (New York conviction for Criminal
Sale of a Controlled Substance in the Third Degree, in violation
of New York Penal Law § 220.39, constituted illicit trafficking
in a controlled substance, an "aggravated felony"
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

Matter of Yeung, 21 I.
& N. Dec. 610 (BIA Nov. 27, 1996) (Florida conviction
of attempted manslaughter with a knife constituted aggravated
felony as crime of violence with sentence imposed of one year
or more under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

Matter of B, 21 I. &
N. Dec. 287 (BIA Mar. 28, 1996) (Maryland conviction for second-degree
statutory (not forcible) rape under Article 27, section 463(a)(3)
of the Annotated Code of Maryland, with a 10-year sentence,
constitutes a "crime of violence" under 18 U.S.C.
§ 16(b), and, hence, an "aggravated felony" under
INA § 101(a)(43)(F), 8 U.S.C.

Matter of Alcantar,
20 I. & N. Dec. 801 (BIA May 25, 1994) (Illinois conviction
for involuntary manslaughter under Ill. Rev. Stat. ch. 38,
para. 9-3(a), with a sentence to 10 years in prison, constituted
a "crime of violence" under 18 U.S.C. § 16(b), and
an "aggravated felony" as defined in INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for immigration purposes).

Matter of B, 20 I. &
N. Dec. 427 (BIA Nov. 19, 1991) (conviction of aggravated
battery by injuring a person with a shot from a firearm constitutes
a crime of violence and is therefore an aggravated felony
since a sentence of five years was imposed)

Ramtulla v. Ashcroft,
301 F.3d 202 (4th Cir. Aug. 22, 2002) (Virginia conviction
of concealment of merchandise, in violation of Va.Code Ann.
§ 18.2-103, constitutes a "theft offense" and with
a two-year suspended sentence therefore constitutes an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G)
for deportation purposes).