Matter of De La Cruz, 20 I. & N. Dec.
346 (BIA July 16, 1991) (federal conviction for distribution
of cocaine in violation of 21 U.S.C. § 812, 841(a)(1), (b)(1)(C),
and (b)(2), constituted an aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)), criticized by Matter of Ellis,
20 I. & N. Dec. 641 (BIA Mar. 8, 1993).
Matter of Roberts, 20 I. & N. Dec.
294 (BIA May 1, 1991) (Missouri conviction for felony sale
of a controlled substance is sufficient to support a determination
that the respondent is a drug trafficker within the meaning
of INA § 101(a)(43), 8 U.S.C. 1101(a)(43)).
Matter of Barrett, 20 I. &
N. Dec. 171 (BIA Mar.
Kuhali v.
Reno, 266 F.3d 93 (2d Cir. Sept. 27, 2001) (federal conviction
for conspiracy to export firearms without license, in violation
of 18 U.S.C. § 371 and 22 U.S.C. 2778, constitutes an aggravated
felony under INA § 101(a)(43)(C), (U), 8 U.S.C.
United States v. Arzate-Nunez,
18 F.3d 730 (9th Cir. Feb. 28, 1994) (California conviction
for sale or transportation of a controlled substance, in violation
of California Health & Safety Code § 11352, was an "aggravated
felony" for purposes of enhancing sentence for offense
of illegal re-entry).
Urbina-Mauricio v. INS, 989 F.2d 1085 (9th
Cir. Mar. 26, 1993) (California convictions for selling drugs
constituted aggravated felonies under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)).
Arthurs v. INS, 959 F.2d 142 (9th Cir.
Mar. 18, 1992) (California conviction for sale of cocaine
was an "aggravated felony" under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)).
United
States v. Chavez-Diaz, __ F.3d __, 2006 WL 1000811 (10th
Cir. Apr. 18, 2006) (Wyoming conviction for delivery of a
non-narcotic controlled substance constituted an aggravated
felony controlled substance offense for illegal re-entry sentencing
purposes).
United States v. Guerrero-Hernandez,
95 F.3d 983 (10th Cir. Sept. 6, 1996) (New Mexico conviction
for possession of marijuana or hashish for sale qualified
as aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.
1101(a)(43)(B) for purposes of enhancing sentence under U.S.S.G.
§ 2L1.2(b)(2) for illegal re-entry).
United States
v. Phillips, 413 F.3d 1288 (11th Cir. June 22, 2005) (state
conviction of attempted sale of a controlled substance is
a drug trafficking offense for sentencing purposes).