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· 7/1/2022

LAGUERRE

Citations

  • 28 I. & N. Dec. 437

Syllabus

Because the identity of the \controlled dangerous substance\ possessed is an element of the crime of possession of a controlled dangerous substance under section 2C:35-10(a)(1) of the New Jersey Statutes Annotated, the statute is divisible with respect to the specific substance possessed, and the record of conviction can be examined under the modified categorical approach to determine whether that substance is a controlled substance under Federal law.

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