Miguel Sierra-Jacobo v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 22 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MIGUEL ARMANDO SIERRA-JACOBO, No. 15-73340 AKA Miguel Armando Sierra, Agency No. A073-433-960 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. 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 an immigration judge’s decision denying his motion to terminate and * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ordering his removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition for review and remand. The BIA did not have the benefit of Sandoval v. Sessions, 866 F.3d 986 (9th Cir. 2017), which held that the definition of “delivery” under Oregon Revised Statutes (“ORS”) § 475.005 includes mere solicitation, when it held that delivery of marijuana for consideration under ORS § 475.860(2) and delivery of marijuana within 1,000 feet of a school under ORS § 475.862 were aggravated felonies. Thus, we remand for further proceedings consistent with that disposition. PETITION FOR REVIEW GRANTED; REMANDED. 2 15-73340 15-73340 Court of Appeals for the Ninth Circuit ca9 9th Cir. Miguel Sierra-Jacobo v. Jefferson Sessions 22 February 2018 Agency Unpublished a626b6bcf83ed7172fb1034347dcb0499371e2cc

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