K-V-D

Citations

• 22 I. & N. Dec. 1163

Syllabus

K-V-D-, 22 I&N Dec. 1163 (BIA 1999), Overruled by, Matter of Yanez, 23 I&N Dec. 390 (BIA 2002) ID 3422 (PDF) (1) Where a circuit court of appeals has interpreted the definition of an \aggravated felony\ under section 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) ( 1994), only for purposes of criminal sentence enhancement, the Board of Immigration Appeals may interpret the phrase differently for purposes of implementing the immigration laws in cases arising within that circuit. (2) An alien convicted in Texas of simple possession of a controlled substance, which would be a felony under Texas law but a misdemeanor under federal law, is not convicted of an aggravated felony within the meaning of section 101(a)(43)(B) of the Act. Matter of L-G-, 20 I&N Dec. 89 (BIA 1995), affirmed.