In Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc) the Ninth Circuit held that the REAL ID Act requires that where the modified categorical approach can be employed, an applicant for relief must prove under that approach that a conviction is not a bar to eligibility for relief. The applicant may use only evidence from the reviewable record of conviction to do this. The Ninth Circuit in Almanza-Arenas v. Holder ordered the parties to submit supplemental briefing on the issue of whether the Supreme Court decision in Moncrieffe v. Holder overruled Young on the burden of proof issue.
Thanks to Michael Codner, who wrote the supplemental brief in consultation with the Stanford Immigrant Rights Clinic and Immigrant Defense Project and also to the Stanford Immigration Rights Clinic for submitting amicus on behalf of Immigrant Defense Project, the ILRC, the National Immigration Project and Federal Defenders of San Diego.