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NOT FOR PUBLICATION FILED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