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
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