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Nevada drugs are not federal “controlled substances. Because the Nevada controlled substance schedule is overbroad and indivisible, no conviction that references that schedule is a controlled substance offense for immigration purposes. Villavicencio v. Sessions, No. 13-74324 (9th Cir. Sept. 11, 2018). California robbery, Pen C § 211, is an AF as theft, but not as a crime of violence, if a sentence of a year is imposed. Matter of Delgado, 27 I&N Dec. 100 (BIA 2017) (is an AF as theft), US v. Garcia-Lopez (9th Cir. September 2018) (it is not an AF as a crime of violence under 18 USC [...]

Big win! Ninth Circuit reverses Young rule on burden of proof. See Marinelarena v. Barr (9th Cir. July 18, 2019) (en banc) at at http://cdn.ca9.uscourts.gov/datastore/opinions/2019/07/18/14-72003.pdf. The ILRC will soon publish a practice advisory on Marinelarena; check www.ilrc.org/crimes. Marinelarena is a great win for our side. It protects noncitizens who are must apply for immigration relief – for example, undocumented people, or permanent residents who are deportable – and who were convicted under a “divisible” statute, if their record of conviction is vague as to which crime under the statute they were convicted of. This is especially useful for California drug offenses. [...]