BIA on 'Illicit Trafficking' - Matter of L-G-H-

BIA on 'Illicit Trafficking' - Matter of L-G-H-

Sale of a controlled substance in violation of section 893.13(1)(a)(1) of the Florida Statutes, which lacks a mens rea element with respect to the illicit nature of the substance but requires knowledge of its presence and includes an affirmative defense for ignorance of its unlawful nature, is an “illicit trafficking” aggravated felony under section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2012). - Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014) Interim Decision #3809