United States Ninth Circuit

In a petition for review of the Board of Immigration Appeals' decision concluding that petitioner's conviction for attempted sexual abuse under Oregon Revised Statutes section 163.427 is an aggravated felony that warranted termination of his asylee status, the petition is denied in part and dismissed in part where: 1) the Oregon statute is not a categorical match to the generic federal offense of sexual abuse of a minor because the Oregon statute criminalizes more conduct than the generic federal offense; 2) in light of the statutory text, Shepardd documents, and state court decisions, subparagraphs 163.427(1)(a)(A) through (C) are divisible; and 3) under the modified categorical approach, petitioner was convicted under subparagraph (1)(a)(A), and this subparagraph is categorically a generic federal sexual abuse of a minor offense, and by extension an aggravated felony under 8 U.S.C. section 1101(a)(43)(A).

Appellate Information

• Published 2017/05/26

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel