United States Ninth Circuit

A state drug offense is not an aggravated felony for immigration purposes unless it is punishable as a felony under the Controlled Substances Act or other federal drug laws named in the definition of "drug trafficking crime," or is a crime involving a trafficking element.

Appellate Information

• Argued 10/10/2003
• Decided 01/26/2004
• Published 01/26/2004

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before:  HUG, B. FLETCHER, and TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jose A. Bracamonte, Law Office of Jose A. Bracamonte, Phoenix, AZ, for the petitioner-appellant.


• For Appellees:
  
• Anthony Payne, U.S. Department of Justice, Civil Division, Washington, DC, for the respondent-appellee.