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)).

Matter of LG, 21 I. & N. Dec. 89 (BIA
Sept. 27, 1995) (en banc) (Louisiana conviction of drug possession,
considered a felony under state law, could not be considered
a "felony" under 18 U.S.C. § 924(c)(2), and is therefore
not an "aggravated felony" under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)), overruled in part by Matter of
Yanez-Garcia, 23 I. & N. Dec. 390 (BIA May 13, 2002).

Matter of LG, 20 I. & N. Dec. 905 (BIA
Nov. 3, 1994) (federal conviction under 21 U.S.C. § 844(a)
for simple possession of more than 5 grams of a mixture or
substance which contains cocaine base is a conviction for
an aggravated felony under INA § 101(a)(43), 8 U.S.C. 1101(a)(43),
as is a state conviction analogous to such a federal conviction).

United States v. Herrera-Roldan, 414 F.3d
1238 (10th Cir. July 13, 2005) (Texas conviction for possession
of more than 50, but no more than 2000, pounds of marijuana
constituted an aggravated felony "drug trafficking crime,"
as defined by 18 U.S.C. § 924(c), and thus merited an 8-level
adjustment under U.S.S.G.

United States v. Castro-Rocha, 323 F.3d
846 (10th Cir. Mar. 25, 2003) (Texas state drug conviction
of possession of a controlled substance, for which the defendant
was sentenced to a one-year term of imprisonment (suspended),
constituted a felony under Texas law, and an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C.

United States v. Lugo, 170 F.3d
996 (10th Cir. Mar. 11, 1999) (Utah conviction of attempted
possession of a controlled substance, in violation of U.C.A.1953,
58-37-8(1)(a)(ii), constituted an "aggravated felony,"
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for
purposes of enhancing a sentence for illegal re-entry).

United States v. Ibarra-Galindo, 206 F.3d
1337 (9th Cir. Mar. 27, 2000), cert. denied, 531 U.S. 1102
(2001) (Washington felony conviction of possession of a controlled
substance, in violation of R.C.W. § 69.50.401(d), carrying
a five-year maximum sentence, constituted an aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C.

United States v. Meza-Corrales,
183 F.3d 1116 (9th Cir. July 16, 1999) (Arizona conviction
for solicitation to possess a controlled substance, in violation
of A.R.S. § 13-1002, 13-3408(A)(1) and (B)(1), is a "felony
drug offense" under 21 U.S.C. § 802(44), for purposes
of federal drug sentencing enhancement under 21 U.S.C. § 841(b)(1)(B)),
distinguishing Coronado-Durazo v. INS, 123 F.3d 1322 (9th
Cir. 1997).