The Ninth Circuit has determined that an Oregon conviction for manufacturing or delivering marijuana is divisible between delivery and manufacture. Applying the modified categorical approach, the court determined that the petitioner was convicted of manufacturing marijuana, a felony offense under the Controlled Substance Act (CSA). The court recognized that delivery of marijuana would not be an aggravated felony because Oregon delivery offenses include solicitation offenses, which are not criminalized in the CSA.

The full text of Dominguez v. Barr can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/07/21/18-72731.pdf

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