Lopez v. Gonzalez

Lopez (defendant), a legal permanent resident, pleaded guilty in South Dakota to aiding and abetting another's cocaine possession, a state felony; the INS sought his removal for an aggravated felony, and the immigration judge, BIA, and court of appeals all agreed a state felony drug-possession conviction qualified as an aggravated felony "drug trafficking crime" because it was "punishable" under the federal Controlled Substances Act, even though the same conduct would be only a federal misdemeanor.