United States v. Caicedo-Cuero, 312 F.3d
697 (5th Cir. Nov. 14, 2002) (Texas conviction of possession
of marijuana, in violation of Health & Safety Code § 481.121(b)(3),
which was a "state jail felony" with a maximum of
two years, 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 under U.S.S.G.

United States v. Rivera, 265 F.3d 310 (5th
Cir. Sept. 7, 2001), cert. denied, 122 S.Ct. 1105 (2002) (Texas
felony conviction for possession of controlled substance qualified
as "aggravated felony" under INA § 101(a)(43)(B),
8 U.S.C. § 1101(a)(43)(B), for purpose of enhancing illegal
re-entry sentence).

United States v. Hernandez-Avalos, 251
F.3d 505 (5th Cir. May 11, 2001), cert. denied, 122 S.Ct.
305 (2001) (Colorado felony heroin possession conviction,
in violation of Colo.Rev.Stat. Ann. § 18-18-203, 18-18-405,
18-1-105, was a "drug trafficking crime" under 18
U.S.C. § 924(c), and, therefore, an "aggravated felony"
within the meaning of INA § 101(a)(43)(B), 8 U.S.C.

Amaral v. INS, 977 F.2d 33 (1st
Cir. Oct. 13, 1992) (Rhode Island conviction of possession
of a controlled substance, in violation of R.I.Gen.Laws §
21-28-4.01(C)(1)(a), was a felony under state law and would
have been a felony under federal law, because of two prior
drug convictions, and therefore constituted an aggravated
felony under INA § 101(a)(43)(B), 8 U.S.C.

Durant v. ICE, 393 F.3d 113, 114 n.1 (2d Cir. Dec. 16, 2004) (court declined to address whether two state simple possession convictions constitute an aggravated felony for immigration purposes, so this question is still open in the Second Circuit); contra, Matter of Carachuri-Rosendo, 24 I. & N. Dec. 382, 385 (BIA 2007), citing United States v. Simpson, 319 F.3d 81 (2d Cir. 2002) (second possession conviction constitutes aggravated felony for sentencing purposes only).
Thanks to Jared Brown.

United States v. Simpson, 319 F.3d 81 (2d
Cir. Dec. 24, 2002) (New York convictions for misdemeanor
possession of a controlled substance, under New York Penal
Law § 221.10, 221.15, 221.40 (2000), constituted aggravated
felonies warranting 8-level enhancements under U.S.S.G. §
2L1.2(b) of defendants sentence for illegal re-entry).

United States v. Saenz-Mendoza,
287 F.3d 1011 (10th Cir. Apr. 26, 2002) (Utah misdemeanor
conviction of child abuse, cruelty toward a child, constituted
an "aggravated felony" as defined in INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for purposes of sentence enhancement
under U.S.S.G. § 2L1.2(b)(2), for illegal re-entry).

Matter of Sweetser, 22 I.
& N. Dec. 709 (BIA May 19, 1999) (Colorado conviction
of criminally negligent child abuse under sections 18-6-401(1)
and (7) of the Colorado Revised Statutes, where negligence
in leaving stepson alone in a bathtub resulted in the childs
death, was not a crime of violence under 18 U.S.C.

Fernandez-Ruiz v. Gonzales, 410
F.3d 585 (9th Cir. June 1, 2005) (Arizona misdemeanor conviction
of domestic violence assault, in violation of Ariz. Rev. Stat.
§ 13-1203(A)(1) or (2), which both require the use, attempted
use, or threatened use of physical force against the person
or property of another, therefore both qualify as crimes of
violence under 18 U.S.C.

United States v. Nobriga, 408
F.3d 1178 (9th Cir. May 20, 2005) (per curiam) (Hawaii conviction
of abuse of a family or household member, in violation of
Haw. Rev. Stat. § 709-906(A), did not invariably constitute
a crime of domestic violence, under 18 U.S.C.