Under the Immigration and Nationality Act, a noncitizen is subject to mandatory removal if convicted of an "aggravated felony." The list of aggravated felonies contains "illicit trafficking in a controlled substance (as defined in section 802 of title 21), including a drug trafficking crime (as defined in section 924(c) of title 18)." 8 U.S.C. § 1101(a)(48)(B). This provision has been uniformly interpreted to consist of two definitional routes: (1) "illicit trafficking in a controlled substance (as defined in section 802 of title 21)," and (2) "a drug trafficking crime (as defined in section 924(c) of title 18)." A state drug crime constitutes an "aggravated felony" if it corresponds to either definition.

The question presented concerns the first definitional route: does a conviction for a state drug-trafficking crime with no mens rea element, or a mens rea element different than that required under federal law, constitute the "aggravated felony" of "illicit trafficking in a controlled substance (as defined in section 802 of title 21)"?

Whether a state drug-trafficking conviction with no mens rea element or a mens rea element different than federal law constitutes the 'aggravated felony' of 'illicit trafficking in a controlled substance'