People v. Ormiston, 105 Cal.App.4th 676 (Cal. Ct. App. Jan. 22, 2003) (California Penal Code 11379, transportation of drugs, can be violated by walking across a parking lot).      In People v. Ormiston, 105 Cal.App.4th 676 (Cal. Ct. App. 2003), the California Appellate Court held that the offense of transportation of drugs under California Penal Code 11379, may be committed by walking (across a parking lot).

People v. Ormiston, 105 Cal.App.4th 676 (Cal. Ct. App. Jan. 22, 2003) (California Penal Code 11379, transportation of drugs, can be violated by carrying drugs across a parking lot for personal use).      In People v. Ormiston, 105 Cal.App.4th 676 (Cal. Ct. App. 2003), the California Appellate Court held that the offense of transportation of drugs under California Penal Code 11379, may be committed by walking (across a parking lot).

Cazarez-Gutierrez v. Ashcroft, ___ F.3d ___, 2004 WL 112635 (9th Cir. Jan. 26, 2004), overturning Matter of Yanez-Garcia, 23 I. & N. Dec. 390 (BIA 2002) (Arizona felony conviction of possession of methamphetamine, in violation of Ariz. Rev. Stat. 13-3407 (West 1997), which would have been a misdemeanor under 21 U.S.C. 844(a) if prosecuted in federal court, is not drug-trafficking aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for deportation purposes, under INA 237(a)(2)(A)(iii), 8 U.S.C.

&nbsp&nbsp&nbsp&nbsp&nbspA defendant convicted of 30 grams of marijuana or less is not deportable under INA 237(a)(2)(B). There is no similar exception under INA 237(a)(2)(A)(iii) for being deportable for having an aggravated felony conviction. The Third Circuit treats a state conviction for possession of a controlled substance as an aggravated felony only if the defendant could have received felony treatment under federal law had s/he been prosecuted in federal court.

Hazardous waste disposal violations are regulatory offenses, and not crimes of moral turpitude, and some of them have no element connecting them with controlled substance violations, much less aggravated felony drug trafficking. These dispositions therefore do not constitute CMTs, controlled substances convictions, or drug trafficking aggravated felonies, and do not trigger any adverse immigration consequences, even if a state prison sentence is imposed. They are therefore very useful as target dispositions in manufacturing cases.

A strong argument exists that the new rule of Yanez-Garcia cannot be applied to a conviction that predated that decision, since the defendant entered the plea in reliance on the state of the law at the time of the plea. The IJ erred in applying the rule announced in Matter of Yanez-Garcia, 23 I. & N. Dec. 390 (BIA 2002) to this case, in sustaining the aggravated felony charge, and in finding the respondent ineligible for relief under INA Section 240A(a).

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).

Transportation of a controlled substance does not constitute an offense under federal law. See 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 within the meaning of 21 U.S.C. section 952(a), even though the flight traveled through international airspace).

MANUFACTURE OF METHAMPHETAMINES - DRUG TRAFFICKING
Olivera-Garcia v. INS, 328 F.3d 1083 (9th Cir. May 5, 2003) (federal conviction of offense of manufacture of methamphetamine, in violation of 21 U.S.C. 841(a)(1), constituted an illicit-trafficking "aggravated felony" under INA § 101(a)(43)(B), 8 U.S.C. § 1101(a)(43)(B) and a violation of "law relating to a controlled substance," for purposes of determining whether Court of Appeals had jurisdiction to review removal order).

Saleres v. INS, 2001 WL 1526405 (9th Cir. Nov. 30, 2001)(unpublished decision holding a conviction for transportation of marijuana under Health & Safety Code § 11360 is not an aggravated felony because it can be committed for personal use).