Fifth Circuit Applies Realistic Probability Test to Texas Drug Statutes — Law Office of Sabrina Damast, Inc

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

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