BIA on Realistic Probability Test: Matter of Ferreira

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)