The Board of Immigration Appeals in Matter of Fidel Antonio SANCHEZ-CORNEJO, 25 I&N Dec. 273 (BIA 2010) held that "The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, 8 U.S.C. § 1251(a)(2)(B)(i) (1994)."
Ricky Malik, Esq.