The Legal Aid Society won an important, precedential decision at the Second Circuit in this appeal of a Board of Immigration Appeals decision. The Circuit held that the least-acts-criminalized under the New York offense of criminal sale of a controlled substance in the 5th degree, N.Y.P.L. § 220.31, are outside of the scope of the generic federal definition of a drug trafficking aggravated felony under the Immigration and Nationality Act, and that § 220.31 is indivisible as between generic and nongeneric conduct. Because the statute is overly broad, a conviction under it may not be categorized as a controlled substance offense for immigration purposes. As a result, immigrants with § 220.31 convictions are no longer removable on the basis of such convictions.