In Alejos-Perez v. Garland, the Fifth Circuit Court of Appeals upheld a previous decision by the Board of Immigration Appeals (BIA). The petitioner in this case argued against a state-level drug conviction. He claimed there was a “realistic probability” that Texas would use a state statute to prosecute him for possessing a drug not illegal under federal law.

The court found the petitioner’s argument unconvincing. It agreed with the BIA’s conclusion. The petitioner had failed to prove this “realistic probability” existed. Therefore, the court upheld the BIA’s original ruling.