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).

United States v. Valenzuela-Escalante,
130 F.3d 944 (10th Cir. Dec. 5, 1997) (Utah felony conviction
of possession of a controlled substance, in violation of U.C.A.
§ 58-37-8, constituted an aggravated felony under INA 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B) for purposes of enhancing sentence
for illegal re-entry).

United States v. Cabrera-Sosa, 81 F.3d
998 (10th Cir. Apr. 16, 1996), cert. denied, 519 U.S. 885
(1996) (New York conviction for felony possession of cocaine
was aggravated felony).

United States v. Madera-Madera, 333 F.3d
1228 (11th Cir. June 10, 2003) (Georgia conviction of possession
of 28 grams or more of methamphetamines, in violation of O.C.G.A.
§ 16-13-31(e), constituted a "drug trafficking offense"
under U.S.S.G.

United States v. Simon, 168 F.3d 1271 (11th
Cir. Mar. 4, 1999), cert. denied, 528 U.S. 844, 120 S.Ct.
114 (1999) (Florida conviction for possession of cocaine was
a "drug trafficking crime," under 18 U.S.C. § 924(c),
and thus defendant was subject to 16-level enhancement under
U.S.S.G. § 2L1.2(b)(1)(A) (1997) of illegal re-entry sentence
for aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.

Matter of Elgendi, 23 I. &
N. Dec. 515 (BIA Oct. 31, 2002) (en banc) (New York second
misdemeanor conviction of possession of marijuana in the fifth
degree, in violation of New York Penal Law § 221.10, did not
constitute a drug trafficking crime, under 18 U.S.C. § 924(c)(2),
under the Second Circuit test of United States v. Pornes-Garcia,
171 F.3d 142 (2d Cir. Mar.

Matter of Santos-Lopez, 23 I.
& N. Dec. 419 (BIA May 14, 2002) (en banc) (Texas state
court misdemeanor convictions for possession of two ounces
or less of marijuana, in violation of Texas Penal Code § 481.121,
punishable by "confinement in jail for a term not to
exceed 180 days" are not felony convictions within the
meaning of 18 U.S.C.

Matter of Yanez-Garcia, 23 I. & N.
Dec. 390 (BIA May 13, 2002) (en banc) (Illinois felony conviction
of possession of cocaine in violation of chapter 720, section
570/402(c) of the Illinois Compiled Statutes, constitutes
a "drug trafficking crime" under 18 U.S.C. § 924(c)(2),
and is an "aggravated felony" under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)).

Matter of KVD, 23 I. & N. Dec. 390
(BIA Dec. 10, 1999) (Texas felony conviction of simple possession
of a controlled substance, which would be a misdemeanor if
prosecuted under federal law, is not an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)), affirming
Matter of LG, 21 I. & N. Dec. 89 (BIA Dec. 27, 1995),
overruled by Matter of Yanez-Garcia, 23 I. & N. Dec. 390
(BIA May 13, 2002)).