United States v. Amaya-Portillo, 423 F.3d 427 (4th Cir. Sept. 6, 2005) (Maryland conviction of misdemeanor simple possession of cocaine, in violation of Md.Code, Art. 27, 287(e), was not an aggravated felony for sentencing purposes, as the state offense is not a felony, even though the offense was punishable by up to four years imprisonment).

Salazar-Regino v. Trominski, ___ F.3d ___ (5th Cir. June 30, 2005) (Texas deferred adjudication following guilty plea to felony possession of marijuana constituted a conviction for removal purposes under INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A), even though it did not constitute grounds for removal under the hypothetical federal felony test dictated by the BIA at the time the plea of guilty was entered, because it would only have constituted a misdemeanor if prosecuted in federal court).
http://caselaw.lp.findlaw.com/data2/circs/5th/0341492p.pdf

Masok v. Achim, ___ F.3d ___, 2005 WL 1017891 (N.D. Ill. 2005) (Illinois conviction of possession of less than 15 grams of cocaine, in violation of 720 ILCS 570/402(c), which constituted a Class 4 felony under Illinois law, held not convicted of an aggravated felony, under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), because the conviction would not have constituted a felony, but only a misdemeanor, if prosecuted under federal law).

United States v. Palacios-Quinonez, __ F.3d __, 2005 WL 3214173 (5th Cir. Dec. 1, 2005) (purchase for sale, in violation of California Penal Code 11351, equals constructive possession, and therefore qualifies as a drug trafficking offense under 2L1.2(b)(1)(A)(i)).

United States v. Phillips, __ F.3d __, 2005 WL 1459431 (11th Cir. June 22, 2005) (attempted sale of a controlled substance, in violation of state law is a drug trafficking offense for sentencing purposes), agreeing with United States v. Hernandez-Valdovinos, 352 F.3d 1243, 1247, 1249 (9th Cir. 2003).

Ali v. Ashcroft, ___ F.3d ___ (7th Cir. Jan. 11, 2005) (Illinois felony conviction of possession with intent to distribute THC, in violation of Wis. Stat. 961.41(1m)(h)(1), held an aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B); argument that THC falls within definition of marijuana and therefore gratuitous distribution of small amount of marijuana does not constitute a felony under federal law not addressed).

United States v. Nobriga, ___ F.3d ___ (9th Cir. May 20, 2005) (per curiam) (Hawaii conviction of abuse of a family or household member, in violation of Haw. Rev. Stat. 709-906(A), did not invariably constitute a conviction of a misdemeanor crime of domestic violence, under 18 U.S.C. 921(a)(33)(A)(ii), because it did not necessarily require the use of violent force against the body of another individual, since it also prohibited refusal to comply with the lawful order of a police officer), following United States v. Belless, 338 F.3d 1063 (9th Cir. 2003).

Lara-Cazares v. Gonzales, ___ F.3d ___ (9th Cir. May 23, 2005) (California conviction of gross vehicular manslaughter while intoxicated, in violation of Penal Code 191.5(a), which can be committed by gross negligence, does not qualify as a crime of violence within the meaning of 18 U.S.C. 16, and so does not constitute a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for immigration purposes, even if a sentence of one year or more has been imposed, holding that gross negligence is not the same as recklessness), disapproving Park v.

Valencia v. Gonzales, ___ F.3d ___ (9th Cir. May 12, 2005) (California conviction of unlawful sexual intercourse with a person under 18, in violation of Penal Code 261.5(c), with a five-year suspended sentence, did not have as an element the use or threat of force, and so did not constitute a crime of violence aggravated felony under 18 U.S.C. 16(a), within the meaning of INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), or triggered removal under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii)).

Valencia v. Gonzales, ___ F.3d ___ (9th Cir. May 12, 2005) (California conviction of unlawful sexual intercourse with a person under 18 (here 17), in violation of Penal Code 261.5(c), with a five year suspended sentence, constituted a crime of violence aggravated felony under 18 U.S.C. 16(b), within the meaning of INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), and therefore triggered removal under INA 237(a)(2)(A)(iii), 8 U.S.C. 1227(a)(2)(A)(iii), following United States v. Granbois, 376 F.3d 993 (9th Cir.