SIERRA JACOBO AKA v. SESSIONS III (2018)

United States Court of Appeals, Ninth Circuit.

Miguel Armando SIERRA-JACOBO, AKA Miguel Armando Sierra, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 15-73340

Decided: February 22, 2018

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

Maria Zlateva, Maria Zlateva, P.C., Salem, OR, for Petitioner Bryan Stuart Beier, Senior Litigation Counsel, DOJ—U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM **

Miguel Armando Sierra-Jacobo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to terminate and ordering his removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand.

The BIA did not have the benefit of Sandoval v. Sessions, 866 F.3d 986 (9th Cir. 2017), which held that the definition of “delivery” under Oregon Revised Statutes (“ORS”) § 475.005 includes mere solicitation, when it held that delivery of marijuana for consideration under ORS § 475.860(2) and delivery of marijuana within 1,000 feet of a school under ORS § 475.862 were aggravated felonies. Thus, we remand for further proceedings consistent with that disposition.

PETITION FOR REVIEW GRANTED; REMANDED.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law