U.S. Department of Justice

EOIR BIA Decision

The Board of Immigration Appeals has issued a decision in Matter of FELIX-FIGUEROA, 29 I&N Dec.157 (BIA 2025).

(1) An Immigration Judge must apply the realistic probability test whenever a party asserts that a State’s statutory definition of a controlled substance is broader than the Federal definition of a controlled substance based on a textual mismatch regarding the isomers of a particular controlled substance.

(2) Once DHS establishes the existence of a State drug conviction by clear and convincing evidence, a respondent who argues that a State conviction is categorically overbroad based on differing substance or isomer definitions has the burden of demonstrating a realistic probability that the State prosecutes substances falling outside the Federal definition of a controlled substance.

                                                                                        
Executive Office for Immigration Review
Office of Policy
PAO.EOIR@usdoj.gov
703-305-0289