What is the test for cancellation of removal for an alien who pleaded guilty to a conjunctively phrased indictment that alleged several theories of the crime?

MultiRegion, United States of America

The following excerpt is from Marinelarena v. Barr, 930 F.3d 1039 (9th Cir. 2019):

We considered a similar situation in Young v. Holder , where the alien "pleaded guilty to a conjunctively phrased indictment that alleged several theories of the crime, any one of which would have sustained a state conviction, but only some of which would constitute an aggravated felony" that would disqualify the alien from being eligible for cancellation of removal. 697 F.3d 976, 988 (9th Cir. 2012) (en banc). Because we could not "tell from the record of conviction whether [the alien] was convicted of selling cocaine, which is an aggravated felony under 8 U.S.C. 1101(a)(43)(B), or merely of solicitation, which is not, [the alien's] record of conviction is inconclusive." Id. Because the record was inconclusive, we held that the alien had not carried his burden of demonstrating eligibility for cancellation of removal. Id. at 989. Young was correctly decided, and it applies here.13

Other Questions


Does the Rogers Rule apply to a defendant who has pleaded guilty to a similar charge but has pleaded not guilty to the same charge? ("New York", United States of America)
Does a pleading guilty to a charge of sexual assault waive a defendant's right to indictment by a grand jury? (MultiRegion, United States of America)
What is the legal test for an allegation that the indictment is insufficient to allege exceptions to criminal liability created by section 474 of the Interference with Defense Investigation Act? (MultiRegion, United States of America)
Does an RICO indictment that fails to allege that a forged document is a crime? (MultiRegion, United States of America)
Is a defendant guilty of an attempt to commit a crime if they have made a substantial step towards the commission of the crime? (MultiRegion, United States of America)
Does a federal court's instruction to the jury regarding a stipulation that states that a defendant must plead guilty to a common law crime be changed to a different set of offences? (MultiRegion, United States of America)
Can a defendant who pleads guilty upon the advice of counsel challenge the voluntary and intelligent character of the guilty plea? (MultiRegion, United States of America)
Is a criminal conviction a crime of violence and therefore an aggravated felony rendering an alien removable? (MultiRegion, United States of America)
Does an alleged author of a work that was allegedly written by another alleged author have to prove his claim to ownership of the work "from the moment it was created"? (MultiRegion, United States of America)
Does the term "an alien who is removable" need to be interpreted as "removable"? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.