United States v. Meza-Corrales, ___ F. Supp. 2d ___, 2006 U.S. Dist. LEXIS 11199 (E.D. Wash. Mar. 1, 2006) (motion to dismiss illegal reentry charge granted on ground immigration judge violated due process by bypassing categorical analysis of Oregon conviction of attempted sexual abuse in the first degree, in violation of O.R.S. 161.405(2)(c) (which did not contain an element of the age of the victim), by improperly examining the record of conviction, though the statute was not divisible, and by improperly going beyond record of conviction to examine police reports to determine age of the victim).

jurisdiction: 
Lower Courts of Ninth Circuit

 

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