Monthly Archives: December 2017

Categorical Approach Update

Posted on December 13, 2017

United States v. Valdivia-Flores, __ F.3d __, 2017 WL 6044232 (9th Cir. Dec. 7, 2017): The Court held that a Washington conviction for possession of controlled substance with intent to distribute (Wash. Rev. Code Ann. §§9A.08.010(1)(a), 9A.08.010(1)(b), & 69.50.401) was not categorically an aggravated felony because the state drug trafficking law had a more inclusive mens rea requirement for accomplice liability than its federal analogue. And because the state statute is indivisible, the modified categorical approach cannot be used. Therefore, the alien got relief even […]..