Matter of Flores-Aguirre – Intentional distribution of the proceeds of drug distribution is not an “aggravated felony.”

In a new precedential decision issued this morning, the BIA held that “the intentional distribution of the proceeds of an illicit drug business” is not an Aggravated Felony.  In Matter of Flores-Aguirre, the board reasoned that because distributing the money that results from the drug trade does not involve “unlawful trading or dealing” in the drugs themselves, but rather involves conduct occurring after the drug deal has been consummated. The Board recognized that while “distribution of proceeds is an integral part of a drug organization’s business, such conduct is too distinct from the actual physical distribution of drugs to be considered an ‘illicit trafficking’.” Thus, the Board said that while the conviction “will be a highly relevant factor in the discretionary determination on remand,” citing Moncrieffe v. Holder, 133 S. Ct. 1678, 1692 (2013), it did not make him ineligible.