Posted on Dec 27, 2017

Brian Patrick Conry PC

Sandoval v. Sessions, 866 F. 3d 986 - Court of Appeals, 9th Circuit 2017.

Brian Patrick Conry (argued), Portland, Oregon, for Petitioner.

Song E. Park (argued), Bryan S. Beier, and Patrick J. Glen, Senior Litigation Counsel; Cindy S. Ferrier, Assistant Director; Chad A. Readler, Acting Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: M. Margaret McKeown, William A. Fletcher and Raymond C. Fisher, Circuit Judges.

Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a).[1] Oregon law permits conviction for delivery under this statute based on mere solicitation. Because the Controlled Substances Act does not punish soliciting delivery of controlled substances, § 475.992(1)(a) cannot be a categorical match to an aggravated felony under 8 U.S.C. § 1227(a)(2)(A)(iii). Further, because § 475.992(1)(a) is indivisible, the modified categorical approach does not apply. Therefore, we grant Sandoval's petition and remand for further proceedings.
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