The offense of delivery of a simulated controlled substance in violation
of Texas law is not an aggravated felony, as defined by section
101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. §
1101(a)(43)(B) (2006), but it is a violation of a law relating to a
controlled substance under former section 241(a)(2)(B)(i) of the Act, 8
U.S.C. § 1251(a)(2)(B)(i) (1994).
http://www.justice.gov/eoir/vll/intdec/vol25/3686.pdf
#3686 File A026 419303 – Houston, Texas Decided July 7, 2010 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals