Sandoval v. Sessions, No. 13-71784 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit filed an amended opinion granting the petition for review of the BIA's decision finding him ineligible for cancellation of removal based on his conviction for delivery of a controlled substance under Oregon Revised Statutes 475.992(1)(a). The panel held that because the Controlled Substances Act does not punish soliciting delivery of controlled substances, section 475.992(1)(a) could not be a categorical match to an aggravated felony under 8 U.S.C. 1227(a)(2)(A)(iii). Furthermore, because section 475.992(1)(a) was indivisible, the modified categorical approach does not apply. The panel remanded for further proceedings.
Court Description: Immigration. The panel filed an amended opinion granting Leonel Sandoval’s petition for review of the Board of Immigration Appeals’ decision finding him ineligible for cancellation of removal based on his conviction for delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a), and remanded. The panel held that the Oregon law is not a categorical aggravated felony because its definition of “delivery” includes mere solicitation, and the federal Controlled Substances Act does not punish soliciting delivery of controlled substances. The panel further held that the modified categorical approach does not apply because the Oregon law is indivisible with respect to whether an “attempt” is accomplished by solicitation. Noting that the previously published version of this opinion also considered whether the Oregon law was an “illicit trafficking” aggravated felony, the panel declined to consider that issue because the BIA had not considered it. SANDOVAL V. SESSIONS 3
This opinion or order relates to an opinion or order originally issued on January 27, 2017.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.