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BIA on Realistic Probability Test: Matter of Ferreira

September 23, 2014 (1 min read)

Official Headnote: Where a State statute on its face covers a controlled substance not included in the Federal controlled substances schedules, there must be a realistic probability that the State would prosecute conduct under the statute that falls outside the generic definition of the removable offense to defeat a charge of removability under the categorical approach. - Matter of Ferreira, ID 3815, 26 I&N Dec. 415 (BIA 2014)