Matter of Sanchez-Cornejo
**Simulated controlled substance violation, Section 482.001(4) of the Texas Health and Safety Code**
The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined but it is a violation of a law relating to a controlled substance under former INA section 241(a)(2)(B)(i). State drug offense qualifies as a drug trafficking crime under 18 U.S.C. § 924(c) (2006) and, by extension, an aggravated felony under section 101(a)(43)(B) of the Act, if the offense would have been punishable as a felony under the CSA. The delivery of a simulated controlled substance is not an offense that is punishable under the CSA. Section 482.001(4) of the Texas Health and Safety Code defines a “simulated controlled substance” as one “that is purported to be a controlled substance, but is chemically different from the controlled substance it is purported to be.” Respondent has not disputed the IJ’s finding that his conviction is a violation of a law relating to a controlled substance– a conviction for distribution of a look-alike substance constitutes a conviction relating to controlled substances.
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