July 4, 2019
July 2019 Update
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.