Sandoval

Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(l)(a). 1 Oregon law permits conviction for delivery under this statute based on mere solicitation. Because the Controlled Substances Act does not punish soliciting delivery of controlled substances, § 475.992(l)(a) cannot be a categorical match to an aggravated felony under 8 U.S.C. § 1227 (a)(2)(A)(iii). Further, because § 475.992(l)(a) is indivisible, the modified categorical approach does not apply. Therefore, we grant Sandoval’s petition and remand for further proceedings.

I

Leonel Sandoval moved to the United States from Mexico when he was nine years old. He adjusted to lawful permanent resident status in 1990. His wife of over 26 years and two children are United States citizens.

In 1998, Sandoval was convicted of delivery of a controlled substance under Oregon law. The indictment identified the controlled substance as heroin. He performed community service at a forest project and was placed on probation for two years. Since then, he has not been convicted of any other criminal activity.

Twelve years later, the government instituted removal proceedings against…