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Immigration Law

CA9 on Controlled Substance Trafficking: Cortes-Maldonado v. Barr

Cortes-Maldonado v. Barr

"We address whether the conduct proscribed by Oregon’s former marijuana delivery statute, Or. Rev. Stat. § 475.860 (2011), constitutes the federal generic crime of “illicit trafficking of a controlled substance,” under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B). We conclude that it does not because the Oregon statute criminalizes more conduct—namely, solicitation—than does the federal generic crime. We thus grant the petition for review and remand."

[Another win for Brian Patrick Conry!]