Young v. Holder
2012 U.S. App. LEXIS 19472
| 9th Cir. | 2012Background
- Joseph Young is a naturalized citizen of St. Kitts and Nevis and a lawful permanent resident since 1977.
- In 2005 Young pled guilty to Sale/Transportation/Offer to Sell cocaine base under California Health & Safety Code § 11352(a), receiving a three-year sentence.
- A Notice to Appear charged removability for a controlled-substance offense under § 1227(a)(2)(B)(C) and an aggravated felony under § 1227(a)(2)(A)(iii).
- IJ held Young removable on the controlled-substance ground; BIA affirmed but did not address aggravated felon removal on the record before it.
- BIA concluded Young could not show eligibility for cancellation of removal because his record did not demonstrate he was not convicted of an aggravated felony.
- The court applies Shepard and the modified categorical approach to determine whether the conviction is an aggravated felony; the record is inconclusive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of the controlled-substance ground | Young exhausted this ground to BIA. | The issue was not exhausted; BIA had no ruling on it. | Lack of jurisdiction over the unexhausted claim. |
| Application of Shepard evidentiary limits in cancellation | Shepard limits should not apply here; broader evidence allowed. | Shepard evidentiary limitations apply to modified categorical inquiries. | Shepard limits apply in determining the nature of the conviction. |
| Conjunctive charging document and admission of theories | Guilty plea to conjunctive count does not necessarily admit all theories. | Guilty plea admits all elements of the offense charged in the conjunctive document. | A guilty plea to a conjunctively charged count can be inconclusive as to which theory was relied upon. |
| Inconclusive conviction record and burden for cancellation | Inconclusive records can satisfy the burden to show non-conviction of an aggravated felony. | Inconclusive records do not satisfy the burden; burden remains on the alien. | Inconclusive record does not prove non-conviction; government burden remains; BIA's denial proper. |
Key Cases Cited
- Sandoval-Lua v. Gonzales, 499 F.3d 1121 (9th Cir. 2007) (burden shifting and conclusive vs inconclusive records in cancellation)
- Rosas-Castaneda v. Holder, 655 F.3d 875 (9th Cir. 2011) (limits on evidence and burden in cancellation context)
- Nijhawan v. Holder, 557 U.S. 29 (Supreme Court, 2009) (circumstance-specific inquiry; informs evidentiary scope in immigration)
- Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010) (nature of conviction; limits of conduct-based inquiry)
- Aguila-Montes de Oca v. Holder, 655 F.3d 915 (9th Cir. 2011 (en banc)) (modified categorical approach and elements-based inquiry)
- Malta-Espinoza v. Gonzales, 478 F.3d 1082 (9th Cir. 2007) (plea to conjunctive charging document; effect on admission of theories)
- Taylor v. United States, 495 U.S. 575 (Supreme Court, 1990) (categorical vs modified categorical approach origin)
- Shepard v. United States, 544 U.S. 13 (Supreme Court, 2005) (evidentiary limitations for modified categorical approach)