Spabo v. United States Attorney General

The question in this case is whether a narcotics conviction for violation of Fla. Stat. § 893.13(l)(a)(l) is an “aggravated felony” under the INA because it constitutes “illicit trafficking in a controlled substance (as defined in [21 U.S.C. § 802]), including a drug trafficking crime (as defined in [18 U.S.C. § 924(c) ]).” 8 U.S.C. § 1101(a)(43)(B). The majority answers that question in the affirmative in part by blessing the BIA’s use of the so-called “modified categorical” approach. See Maj. Op. at 1177-78. ■

With respect, I dissent. In a published opinion issued just three years ago, we…