U.S. Sup. Ct.
11-338
Under the Immigration and Nationality Act (INA), a noncitizen convicted of an aggravated felony is not only deportable, 8 U. S. C. §1227(a)(2)(A)(iii), but also ineligible for discretionary relief. The INA lists as an aggravated felony illicit trafficking in a controlled substance, §1101(a)(43)(B), which, as relevant here, includes the conviction of an offense that the Controlled Substances Act (CSA) makes punishable as a felony, i.e., by more than one years imprisonment, see 18 U. S. C. §§924(c)(2), 3559(a)(5). A conviction under state law constitutes a felony punishable under the [CSA] only if it proscribes conduct punishable as a felony under that federal law. Lopez v. Gonzales, 549 U. S. 47, 60.
