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The Fifth Circuit acknowledged that Texas criminalizes actions related to 49 substances not found in the Controlled Substances Act, but determined that the petitioner did not demonstrate a reasonable probability that Texas prosecutes offenses related to these substances. The court further determined that the agency has the authority to determine, on a case-by-case basis, that a non-aggravated felony is a particularly serious crime.
The full text of Vetcher v. Barr can be found here:
http://www.ca5.uscourts.gov/opinions/pub/18/18-60449-CV0.pdf