Jose Medina-Lara v. Eric Holder, Jr.
2014 U.S. App. LEXIS 19705
| 9th Cir. | 2014Background
- Medina-Lara, a Mexican citizen and lawful permanent resident, faces removal after 2005 and 2007 California drug convictions.
- The 2005 §11351 conviction included a firearm enhancement under California law (§12022(c)).
- DHS alleged Medina’s drug convictions were both aggravated felonies and convictions relating to a controlled substance; the §12022 conviction was a firearm offense under the INA.
- The IJ and Board relied on Shepard-derived documents to apply the modified categorical approach to the §11351 conviction, seeking to classify it as a predicate offense.
- The court ultimately vacates the removal order, holding the government failed to prove the §11351 and §12022 predicates and remands to terminate proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §11351 is an aggravated felony or controlled substance offense under INA | Medina contends the record lacks clear evidence linking the abstract to the charge. | DHS asserts the conviction is a predicate offense under the Taylor-Descamps framework. | Not established; record not clearly linking the abstract to the charging document; not a predicate. |
| Whether §12022 conviction is categorically a firearm offense | Medina argues California’s former definition of firearm is broader than federal. | DHS maintains §12022 aligns with the federal definition as implemented by Gil. | Overbroad; former §12001(b) yields an overbroad definition, not a categorical match. |
| Divisibility of former §12001(b) and applicability of modified Categorical Approach | Medina asserts the statute is indivisible and thus cannot be used via modified categorical approach. | DHS treated §12001(b) as a divisible framework for predicate analysis. | Former §12001(b) is indivisible; cannot be used to sustain §12022 as a predicate. |
| Remand vs termination of removal proceedings | Medina seeks termination; argues remand would be futile given defects in record. | DHS could cure deficiencies on remand. | Remand inappropriate; grant petition, vacate, and terminate proceedings. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (three-step predicate-offense framework (categorical, divisibility, modified approach))
- Descamps v. United States, 133 S. Ct. 2276 (2013) (overbreadth/divisibility in modified categorical approach)
- Matter of Mendez-Orellana, 25 I. & N. Dec. 254 (2010) (agency guidance on firearm definitions in immigration context)
- Gil v. Holder, 651 F.3d 1000 (9th Cir. 2011) (categorical match for firearm offenses—antique firearm considerations later refined)
- Vidal, United States v., 504 F.3d 1072 (9th Cir. 2007) (en banc requirement for linking abstract of judgment to charging document under modified approach)
- Cabantac v. Holder, 736 F.3d 787 (9th Cir. 2012) (agency records and judgments may establish predicate offenses when properly linked)