CA9 on Indivisible Statutes: Villavicencio v. Sessions

CA9 on Indivisible Statutes: Villavicencio v. Sessions

Villavicencio v. Sessions, Jan. 5, 2018 - "Villavicencio was not removable under 8 USC § 1227(a)(2)(B)(i). N.R.S. §§ 199.480 and 454.351 are both overbroad. N.R.S. § 199.480 criminalizes a broader range of conduct than is described in the generic definition of conspiracy, and N.R.S. § 454.351 encompasses a wider range of substances than those set forth in the federal Controlled Substances Act. Because neither statute is divisible, the modified categorical approach was unavailable to determine if Villavicencio was convicted of a removable offense. As a result, Villavicencio is entitled to his requested relief reversing the determination of removability. PETITION GRANTED."

[Hats off to Prof. Kari Hong and Boston College Law Students Katherine Horigan '18 and Yara Kass-Gergi '18 (left to right in the photo) who briefed and argued the case!  Link to the amicus brief here; link to the video of the oral argument here.]