Villavicencio v. Sessions, No. 13-74324 (9th Cir. 2018)Annotate this Case
The Ninth Circuit granted a petition for review of the BIA's decision concluding that petitioner was not removable for a controlled substance offense under 8 U.S.C. 1227(a)(2)(B)(i). The panel held that the state crimes underlying his removal, Nevada Revised Statutes 199.480 and 454.351, were not a categorical match to the federal generic statutes because they were overbroad and indivisible. Accordingly, the statute may not be used as a predicate offense to support removal.
The court issued a subsequent related opinion or order on September 11, 2018.