Sandoval v. Sessions, No. 13-71784 (9th Cir. 2017)Annotate this Case
The 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.
This opinion or order relates to an opinion or order originally issued on January 27, 2017.