United States v. Trevino-Martinez,
86 F.3d 65 (5th Cir. June 7, 1996), cert. denied, 520 U.S.
1105, 117 S.Ct. 1109 (1997) (Texas conviction of possession
of marijuana with intent to distribute constitutes an aggravated
felony under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)
for deportation purposes).
Martins v. INS,
972 F.2d 657 (5th Cir. Sept. 23, 1992) (federal conviction
for conspiracy to possess heroin with intent to distribute
was "drug trafficking crime," and was thus an aggravated
felony under INA § 101(a)(43)(B), (U), 8 U.S.C. 1101(a)(43)(B),
(U), which rendered noncitizen statutorily ineligible to apply
for asylum).
Martins v. INS, 972
F.2d 657 (5th Cir. Sept. 23, 1992) (federal conviction for
conspiracy to possess heroin with intent to distribute was
"drug trafficking crime," and was thus an "aggravated
felony " under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).
United States v. Murillo-Iniguez,
318 F.3d 709 (6th Cir. Feb. 5, 2003) (federal conviction of
importation of cocaine, in violation of 21 U.S.C. § 952(a)(1),
constituted an aggravated felony for purposes of imposing
a sentence enhancement for illegal re-entry).
Pulice v. INS, 218 F.3d 505 (6th
Cir. June 13, 2000) (federal conviction of possession with
intent to distribute marijuana in violation of 21 U.S.C. §
841(a)(1) constituted aggravated felony under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B) for immigration purposes).
Nakhleh v. INS, 38 F.3d 829 (6th Cir. Oct.
27, 1994) (Michigan conviction of illegal delivery of cocaine,
in violation of Mich.Comp. Laws 333.7401, constitutes an aggravated
felony for immigration purposes under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B)).
United States v. Dolt, 27 F.3d
235, 239-240 (6th Cir. June 23, 1994) (federal conviction
of solicitation to traffic in cocaine is not a controlled
substance offense under the career offender provision in U.S.S.G.
Kellman v. District Director, U.S. INS,
750 F.Supp. 625 (S.D.N.Y. Nov. 6, 1990) (New York conviction
for distribution of a controlled substance, in violation of
New York Penal Law § 220.39, constituted aggravated felony
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for
removal purposes).
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.