In Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc) the Ninth Circuit held that if a statute is divisible, an applicant for relief must provide evidence from the reviewable record of conviction that proves that the conviction does not bar eligibility, under the modified categorical approach. An inconclusive record of conviction is not sufficient.

In this brief on behalf of a Ninth Circuit petitioner, amici argue that the Supreme Court overruled Young in Moncrieffe v. Holder, 133 S. Ct. 1678, 1684 (2013). The issue is pending in several cases in the Ninth Circuit and is being litigated across the country. If you have a case before the BIA or a Court of Appeals that raises this issue, please contact amici through Andrew Wachtenheim at awachtenheim [at]

Many thanks to amici authors Manual Vargas and Andrew Wachtenheim of the Immigrant Defense Project, and Jayashri Srikantiah and Lisa Weissman-Ward of the Stanford Law School Immigrant Rights Clinic, and to Todd Becraft who represents this petitioner.