United States Ninth Circuit

In a petition for review of the Board of Immigration Appeals’ decision finding petitioner ineligible for cancellation of removal based on his conviction for delivery of a controlled substance under Oregon Revised Statutes section 475.992(1)(a), the petition is granted where: 1) 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; and 2) because no 'commercial element' is included in the Oregon statute, it is not a categorical match to an 'illicit trafficking' offense.

Appellate Information

• Published 2017/01/27

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel