The following excerpt is from Almanza-Arenas v. Lynch, 809 F.3d 515 (9th Cir. 2015):
Step two requires us to determine whether section 10851(a) is a divisible or indivisible statute. In other words, we must determine whether section 10851(a) has "multiple, alternative elements, and so effectively creates several different crimes. " Descamps, 133 S.Ct. at 2285 (alteration omitted) (quoting Nijhawan v. Holder, 557 U.S. 29, 41, 129 S.Ct. 2294, 174 L.Ed.2d 22 (2009) ). If it has alternative elements, it is divisible and we continue to step threethe modified categorical approach. Alternatively, if section 10851(a) has a "single, indivisible set of elements" with different means of committing one crime, then it is indivisible and we end our inquiry, concluding that there is no categorical match to the generic federal offense. Id. at 2286.9
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