Aguirre v. INS, No. 93-4195 (2nd Cir.) (79 F.3d 315) (March 22, 1996) (Judge Jon O. Newman)
Here the Court held that "aggravated felony" as defined in the Immigtation and Nationality Act excludes drug offenses that are state, but not Federal, offenses.
But see U.S. v. Pornes-Garcia, 171 F.3d 142 (2nd Cir. 1999) for an extensive discussion of this case.
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