The Fourth Circuit, applying Matter of Beltran, has found that a New Jersey conviction for conspiracy is a controlled substance violation.  The Court rejected that argument that a conspiracy charge must be analyzed under the categorical approach in the same way as any other conviction, because inchoate crimes suggest the commission of another offense.  Instead, the Immigration Court may consult the record of conviction to determine what was the object of the conspiracy.  In the instant case, the indictment indicated that the petitioner was conviction of conspiracy to distribute marijuana.  As such, his conviction qualifies as a controlled substance offense.

The full text of Shaw v. Sessions can be found here: