Rendon analysis leads to amazing conclusion.

Wednesday, August 19th, 2015

In my last post, I discussed puzzlement that the Ninth Circuit Court of Appeals did not make a Rendon  analysis in its decision to remand Madrigal-Barcenas v. Lynch. Just a week later, two days ago, the Court issued a decision in Lopez-Valencia v. Lynch, a case involving theft, Cal. Penal Code § 484. Using a Rendon analysis, the Court concluded that the California theft statute cannot be considered a theft offense as it is overbroad and indivisible. This is the…

Why did the Ninth Circuit remand Madrigal-Barcenas v. Lynch?

Sunday, August 16th, 2015

On August 10, 2015, the Ninth Circuit remanded Madrigal-Barcenas v. Lynch, which was at the Supreme Court along with Mellouli v. Lynch. Mellouli v. Lynch, is the Supreme Court case decided on June 1, 2015, that held that a Kansas conviction for possession of drug paraphernalia, in the Mellouli case, a sock in which Mr. Mellouli stored four Adderall pills, was not categorically a removable offense as a controlled substance violation, INA § 237(a)(2)(B)(I).  The Kansas statute,  Kan. Stat. Ann….