Sandoval v. Yates, No. 13-71784 (9th Cir. 2017)Annotate this Case
Petitioner seeks review of the IJ and BIA's conclusion that he was ineligible for cancellation of removal, and order of removal. Petitioner's removal was based on his 1998 conviction for delivery of a controlled substance (heroin) under Oregon Revised Statutes 475.992(1)(a). The court concluded that section 475.992(1)(a) is overbroad in its definition of “delivery,” and the modified categorical approach may not be applied because section 475.992(1)(a) is indivisible with respect to whether an “attempt” is accomplished by solicitation. Therefore, the court held that a conviction for delivering heroin under section 475.992(1)(a) is not an aggravated felony. The court granted the petition for review and remanded.