Garcia v. Ashcroft, 394 F.3d 487 (7th Cir. Jan. 6, 2005) (petition for review is transferred to the district court and must be construed as a petition for a writ of habeas corpus to determine whether noncitizen's state felony conviction for possession of a controlled substance, which is punishable only as a misdemeanor under federal law, qualifies as an aggravated felony).
http://caselaw.lp.findlaw.com/data2/circs/7th/041481p.pdf

In an unpublished case, the BIA terminated removal proceedings for someone convicted under Conn. G.S. 21a-279(a) for possession of narcotics because the Connecticut definition of narcotics includes two substances, benzylfentanyl and thenylfentanyl, which are not listed on the federal controlled substances schedules. See Gousse v. Ashcroft, 339 F.3d 91 (2d Cir. 2003). Thanks to Justin Conlon of the Law Offices of Michael Boyle for this information.

Ferreira v. Ashcroft, 382 F.3d 1045 (9th Cir. Sept. 9, 2004) (under federal law, a second possession conviction is not made a "felony" for this purpose by virtue of a recidivist sentence enhancement; court noted that contrary case, United States v. Garcia-Olmedo, had been overruled by en banc decision United States v. Corona-Sanchez).

Ferreira v. Ashcroft, 382 F.3d 1045 (9th Cir. Sept. 9, 2004) (prior drug possession conviction was not an aggravated felony since it would not be punishable as felony under federal drug laws and does not contain a trafficking element).

Peters v. Ashcroft, 383 F.3d 302 (5th Cir. August 27, 2004) (Arizona solicitation to transport for sale conviction found "related to" a controlled substance offense, rendering noncitizen deportable under INA 237(a)(2)(B)(i)).

Madriz-Alvarado v. Ashcroft, 383 F.3d 321 (5th Cir. Aug. 27, 2004) (petition for review denied, despite contention that deferred adjudication for drug possession did not constitute conviction for immigration purposes by analogy to the Federal First Offender Act).

Cazarez-Gutierrez v. Ashcroft, ___ F.3d ___ (9th Cir. Aug. 24, 2004)(state drug conviction is not an aggravated felony for immigration purposes unless it is punishable as a felony under the Controlled Substances Act or other federal drug laws named in the definition of a drug trafficking crime; since simple possession is only a misdemeanor under federal law, it cannot be an aggravated felony).
http://caselaw.lp.findlaw.com/data2/circs/9th/0272978p.pdf

Peters v. Ashcroft, 383 F.3d 302 (5th Cir. Aug. 27, 2004) (state conviction of felony solicitation to transport marijuana for sale is controlled substance conviction for deportation purposes, depriving court of appeals of jurisdiction over petition for review challenging removal order). Following Matter of Beltran, 20 I. & N. Dec. 521 (BIA 1992)

A strong argument that sale of a simulated controlled substance does not constitute a drug trafficking aggravated felony, from a Lory D.

     The federal definition of "counterfeit" drugs is narrower than many state definitions of offenses of sale of non-controlled substances in lieu of controlled substances. Creating, delivering, or possessing a counterfeit controlled substance is a "drug trafficking" aggravated felony under 8 U.S.C. 1101(a)(43)(B), which includes "a drug trafficking crime (as defined in section 924(c) of Title 18)." Under 18 U.S.C. 924 (c) "the term drug trafficking crime means any felony punishable under the Controlled Substances Act (21 U.S.C.