SIERRA JACOBO v. GARLAND (2021)

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 immigration judge's decision denying his motion to terminate and ordering his removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014). We grant the petition for review and remand.

In Cortes-Maldonado v. Barr, 978 F.3d 643, 653 (9th Cir. 2020), we held “ ‘that illicit trafficking’ does not include solicitation offenses and thus Oregon's former crime of marijuana delivery for consideration, Or. Rev. Stat § 475.860(2)(a), does not qualify as an aggravated felony under [8 U.S.C.] § 1101(a)(43)(B).” We therefore grant the petition for review and remand for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

Sierra-Jacobo's removal is stayed pending a decision by the BIA.

The government must bear the costs for this petition for review.

PETITION FOR REVIEW GRANTED; REMANDED.