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Legal Opinion

Felix-Figueroa

Board of Immigration Appeals

Decided July 30, 2025No. ID 4112Published

1Opinion of the Court

Cite as

29 I&N Dec. 157

(BIA 2025) Interim Decision #4112 Matter of Benjamin FELIX-FIGUEROA, Respondent Decided July 30, 2025 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An Immigration Judge must apply the realistic probability test whenever a party asserts that a State’s statutory definition of a controlled substance is broader than the Federal definition of a controlled substance based on a textual mismatch regarding the isomers of a particular controlled substance. (2) Once DHS establishes the existence of a State drug conviction by…

2Cases cited16 opinions

  1. Moncrieffe v. HolderSupreme Court of the United States · 2013
  2. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  3. Immigration & Naturalization Service v. BagamasbadSupreme Court of the United States · 1976
  4. Pereida v. WilkinsonSupreme Court of the United States · 2021
  5. ANSELMOBoard of Immigration Appeals · 1989

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