United States v. Graham, 927 F.Supp. 619
(W.D.N.Y. June 18, 1996) (New York misdemeanor conviction
for criminal sale of marijuana constituted aggravated felony
under former INA § 101(a)(43)(C), 8 U.S.C. 1101(a)(43)(C)
(now INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)), even
though prior conviction was misdemeanor under New York state
law).

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).

Matter of Davis, 20 I. & N. Dec. 536
(BIA May 28, 1992) (Maryland conviction of simple possession
of a controlled substance does not fall within the common
definition of "illicit trafficking" as used in INA
§ 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

- Berhe v. Gonzales, ___ F.3d ___, 2006
WL 2729689 (1st Cir. Sept. 26, 2006) (Massachusetts conviction
of misdemeanor possession of marijuana with intent to distribute,
in violation of Mass. Gen. Laws ch. 94C, § 32C(a), constituted
an aggravated felony drug trafficking conviction under INA
§ 101(a)(43)(B), 8 U.S.C.

United States v. Rodriguez, 26
F.3d 4 (1st Cir. June 17, 1994) (Massachusetts conviction
for possession with intent to distribute illegal drug was
a "trafficking" crime and therefore an aggravated
felony under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for illegal re-entry sentence enhancement purposes under U.S.S.G.
§ 2L1.2(b)(2)).

Fernandez-Santander v. Thornburgh, 751
F.Supp. 1007 (D.Me. Nov. 9, 1990) (Maine conviction for distribution
of controlled substances, in violation of 17-A M.R.S.A. §
1103, qualified as a "drug trafficking crime" that
in turn qualified as an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.

Gousse v. Ashcroft,
339 F.3d 91 (2d Cir. Aug. 6, 2003) (Connecticut conviction
under Conn. Gen. Stat. § 21a-277(a) constitutes conviction
for "illicit trafficking in a controlled substance"
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

United States v. Paredes-Batista, 140 F.3d
367 (2d Cir. Mar. 18, 1998), cert. denied, 525 U.S. 859, 119
S.Ct. 143 (Oct. 5, 1998) (New York conviction under N.Y. Penal
Law § 220.31, which provides that "[a] person is guilty
of criminal sale of a controlled substance in the fifth degree
when he knowingly and unlawfully sells a controlled substance,"
constituted an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C.

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)).