United States v. Liranzo, 944 F.2d 73,
78-79 (2d Cir. Sept.

Copeland v. Ashcroft,
246 F.Supp.2d 183 (W.D.N.Y. Feb. 10, 2003) (New York misdemeanor
conviction of Criminal Sale of Marijuana in the Fourth Degree,
in violation of New York Penal Law § 221.40, constitutes an
aggravated felony under INA § 101(a)(43)(B), 8 U.S.C.

Manzueta v. Ashcroft, 206 F.Supp.2d 386
(W.D.N.Y. Mar. 29, 2002) (New York conviction for Criminal
Sale of a Controlled Substance in the Third Degree, in violation
of New York Penal Law § 220.39, constituted illicit trafficking
in a controlled substance, an "aggravated felony"
under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

Romero v. Reno, 198 F.Supp.2d 276 (W.D.N.Y.
Sept. 25, 2001) (New York conviction for criminal sale of
controlled substance in the third degree, in violation of
N.Y. Penal Law § 220.43, constituted conviction for aggravated
felony, under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B)).

United States v. Gomez-Ortiz,
62 F.Supp.2d 508 (D.R.I. Aug. 4, 1999) (Massachusetts misdemeanor
conviction for first-offense possession with intent to distribute,
in violation of M.G.L. 94C, § 32C(a) and M.G.L. 274 1, did
not constitute "felony," and was therefore not "aggravated
felony," under INA § 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B),
for purposes of U.S.S.G.

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.