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CA9 on Categorical AggFel - Sandoval v. Yates

January 27, 2017 (1 min read)

Sandoval v. Yates, Jan. 27, 2017 - "Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a). 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."  [Hats off to Brian Patrick Conry!]