What constitutes an aggravated felony for a possession of a controlled substance?

MultiRegion, United States of America

The following excerpt is from Pascual v. Holder, Docket No. 12-2798 (2nd Cir. 2013):

An "aggravated felony" is defined to include "illicit trafficking in a controlled substance (as defined in section 802 of Title 21), including a drug trafficking crime (as defined in section 924(c) of Title 18)." 8 U.S.C. 1101(a)(43)(B). A state offense is punishable as a felony under the Controlled Substances Act ("CSA"), 21 U.S.C. 801, et seq., only if it "proscribes conduct punishable as a felony under that federal law." Lopez v. Gonzales, 549 U.S. 47, 60 (2006). A state drug offense ranks as an aggravated felony only if it "correspond[s] to an offense that carries a maximum term of imprisonment exceeding one year under the CSA." Martinez v. Mukasey, 551 F.3d 113, 117-18 (2d Cir. 2008). See Pascual, 707 F.3d at 405.

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