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BIA on Divisibility, Mathis: Matter of Chairez-Castrejon, 27 I&N Dec. 21 (BIA 2017)

April 24, 2017 (1 min read)

Matter of Chairez-Castrejon, 27 I&N Dec. 21 (BIA 2017) - In determining whether a statute is divisible under Mathis v. United States, 136 S. Ct. 2243 (2016), Immigration Judges may consider or “peek” at an alien’s conviction record only to discern whether statutory alternatives define “elements” or “means,” provided State law does not otherwise resolve the question.

"When this case was last before us in Matter of Chairez, 26 I&N Dec. 819 (BIA 2016), we sustained the respondent’s appeal in part and remanded the record to the Immigration Judge. The Department of Homeland Security (“DHS”) has filed a motion asking us to reconsider that decision. The motion will be denied."

[Hats off to Skyler Anderson!]