The court held that the petitioner’s open guilty plea to misdemeanor convictions under NY Penal Law § 221.40 did not establish that he was convicted of drug trafficking crimes that qualified as an aggravated felonies. (Thomas v. U.S. Att’y Gen., 10/26/10)

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Under NY Penal Law § 221.40 drug conviction do not qualify as Aggravated Felonies