In the Matter of Chairez, 26 I&N Dec. 819 (BIA 2016), the BIA followed the Supreme Court’s decision in Mathis v. United States, 136 S.Ct. 2243 (2016) in finding that a criminal statute may only be considered divisible when it contains different elements in the disjunctive that each require jury unanimity in order to sustain a conviction.
BIA Issues New Precedent Decision Regarding Divisibility
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