Julio Najera-Rodriguez v. William P. Barr
926 F.3d 343
| 7th Cir. | 2019Background
- Julio Cesar Najera-Rodriguez, a lawful permanent resident, pleaded guilty in Illinois (2016) to unlawful possession under 720 ILCS 570/402(c) for pills containing alprazolam (Xanax).
- DHS initiated removal under 8 U.S.C. § 1227(a)(2)(B)(i), which makes deportable any noncitizen convicted of a state or federal crime "relating to a controlled substance (as defined in section 802 of title 21)."
- Xanax (alprazolam) is a federal Schedule IV controlled substance; however, Illinois § 402(c) can cover substances that are not listed in the federal schedules.
- The central legal question was whether § 402(c) is "divisible" (lists alternative elements) so the court may apply the modified categorical approach to determine if Najera-Rodriguez’s specific conviction necessarily involved a federal-controlled substance.
- The Board of Immigration Appeals and the immigration judge found § 402(c) sufficient for removal; the Seventh Circuit reviewed de novo whether the statute is divisible and whether the conviction records proved the particular substance as an element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 720 ILCS 570/402(c) is divisible for the modified categorical approach | Najera-Rodriguez: § 402(c) is a residual catch-all; identity of substance is not an element, so statute is indivisible | Government: statute’s references and Illinois authorities support treating listed substances as alternatives/elements, allowing divisibility | Held: § 402(c) is not divisible; text, structure, state precedent and pattern instructions do not clearly treat identity of substance as an element |
| Whether conviction records show the identity of the substance as an element (permitted "peek") | Najera-Rodriguez: charging and sentencing documents do not establish substance identity as an element | Government: the charging paper identified alprazolam/Xanax and that should suffice to show the conviction involved a federal controlled substance | Held: conviction record does not reliably show the identity of the controlled substance was an element; plea/sentence documents are insufficient to trigger modified categorical approach |
Key Cases Cited
- Mellouli v. Lynch, 135 S. Ct. 1980 (2015) (categorical approach applies to immigration removability for controlled-substance convictions)
- Mathis v. United States, 136 S. Ct. 2243 (2016) (distinguishes elements from means; divisibility governs use of modified categorical approach)
- Descamps v. United States, 570 U.S. 254 (2013) (modified categorical approach permits consulting a limited set of conviction documents when statute is divisible)
- United States v. Elder, 900 F.3d 491 (7th Cir. 2018) (interpreting a state "drug" definition as indivisible where statute criminalizes a broad class rather than specific drug types)