A relatively unnoticed ruling in Mellouli v Lynch suggests that Descamps v United States could apply to certain drug offenses. Mellouli v. Lynch, No. 13-1034, 2015 WL 2464047 (June 1, 2015). In overruling Board of Immigration Appeal’s ruling in Matter of Martinez-Espinoza, 25 I&N Dec. 118 (BIA 2009), the high Court found that drug paraphernalia offenses do not constitute drug offenses per se. Thus, a person may not fall into the drug offense exclusion. The National Immigration Project has an excellent discussion paper on the ruling which is available here.