The Fifth Circuit has determined a respondent did not establish a realistic probability that a Texas conviction for possessing a synthetic cannabinoid criminalizes substances not found in the federal controlled substances schedules. Moreover, the court determined that a non-citizen cannot raise new state law authorities on appeal to meet the realistic probability test because the failure to raise those decisions before the agency renders the arguments unexhausted.
The full text of Alejos-Perez v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/22/22-60555-CV0.pdf