Legal Opinion
Leonel Sandoval v. Sally Yates
Court of Appeals for the Ninth Circuit
Decided January 27, 2017No. 13-71784PublishedCited by 8 opinions
1Opinion of the Court
OPINION
FISHER, Circuit Judge:
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 ap ply. Therefore, we grant Sandoval’s petition and remand for further…
2Cases cited27 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 by8 opinions
- United States v. Jose OchoaCourt of Appeals for the Ninth Circuit · 2017
- Sandoval v. SessionsCourt of Appeals for the Ninth Circuit · 2017
- Federico Diego De Diego v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2017
- Marcelo Martinez-Cedillo v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
- Jonatan Cortes-Maldonado v. William BarrCourt of Appeals for the Ninth Circuit · 2020
3 more not listed; retrieve them via the Exa API.