Legal Opinion
Sandoval v. Sessions
Court of Appeals for the Ninth Circuit
Decided January 27, 2017No. 13-71784PublishedCited by 20 opinions
1Opinion of the Court
FISHER, Circuit Judge:
OPINION
Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(l)(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(l)(a) cannot be a categorical match to an aggravated felony under 8 U.S.C. § 1227(a)(2)(A)(iii). Further, because § 475.992(l)(a) is indivisible, the modified categorical approach does not apply. Therefore, we grant Sandoval’s petition and remand for further…
2Cases cited29 opinions
- Shepard v. United StatesSupreme Court of the United States · 2005
- Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
- Mathis v. United StatesSupreme Court of the United States · 2016
- Descamps v. United StatesSupreme Court of the United States · 2013
- Moncrieffe v. HolderSupreme Court of the United States · 2013
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3Cited by20 opinions
- Barbosa v. BarrCourt of Appeals for the Ninth Circuit · 2019
- State v. HubbellCourt of Appeals of Oregon · 2021
- Alexis Martinez v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2018
- Gonzalo Dominguez v. William BarrCourt of Appeals for the Ninth Circuit · 2020
- United States v. Kenneth DanielsCourt of Appeals for the Third Circuit · 2019
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