The Ninth Circuit has determined that Idaho conviction for possession with intent to deliver a controlled substance is an aggravated felony. First, the court determined the statute is divisible with respect to the identity of the drug. Second, the court found that Idaho’s mens rea requirement matches the federal requirements. Third, the court found that Idaho’s aiding and abetting liability is no broader than the federal counterpart.
The full text of Tellez-Ramirez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/11/29/22-1168.pdf