AILA Submits Amicus Brief on Oregon’s First-Degree Burglary Statute

AILA submitted an amicus brief in the ninth circuit arguing that Oregon’s first-degree burglary statute, ORS §164.225(1), is overbroad because the express text criminalizes the entry of a non-dwelling with a firearm or with burglary tools and criminalizes a person’s entry on curtilage. The brief also argues that for convictions before 2020, the offense is indivisible because Oregon did not require jury unanimity for any felony prosecution of this offense. (Mendoza-Garcia v. Garland, 4/21/21)