Monthly Archives: April 2017

Categorical Approach Update

Posted on April 14, 2017

United States v. Arriaga-Pinon, __ F.3d __, Case No. 16-50188 (9th Cir. Apr. 7, 2017): The Court held that, under the modified categorical approach, the defendant’s conviction under California Vehicle Code §10851(a) (theft and unlawful driving or taking of a vehicle) was not an aggravated felony. The Court therefore did not have to reach the defendant’s argument that its 2013 decision in Duenas-Alvarez holding that §10851(a) is divisible is clearly irreconcilable with Mathis. Concurring, Judge Thomas noted that, because Mathis has altered the legal landscape, […]..