Monthly Archives: January 2018

Categorical Approach Update

Posted on January 8, 2018

Villavicencio v. Sessions, __ F.3d __, 2018 WL 297186 (9th Cir. Jan. 5, 2018): The Court held that Nevada convictions for conspiracy to possess drugs (N.R.S. §199.480 and §454.351) did not qualify as controlled-substance offenses under 8 U.S.C. §1227(a)(2)(B)(i). First, Nevada’s conspiracy statute, which does not include an overt-act requirement, is broader than generic conspiracy, and the state statute is indivisible. Furthermore, the Nevada drug statute at issue is overbroad to the extent it encompasses controlled substances not covered by the federal Controlled Substances Act, […]..