Martinez v. Mukasey

CALABRESI, Circuit Judge:

Petitioner, Elvis Martinez, was convicted of two state drug offenses for distribution of a small quantity of marihuana. 2 The question before us is whether, under Lopez v. Gonzales, 549 U.S. 47, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006), these state convictions are “aggravated felonies” under the INA. To determine whether the state convictions count as aggravated felonies, we must decide whether they are the equivalent of federal felony drug trafficking, under the Controlled Substances Act (CSA), see 21 U.S.C. §§ 841(a)(1), (b)(1)(D), or rather are the equivalent of a…