United States v. Raya-Vaca, ___ F.3d ___, 2014 WL 5802287 (9th Cir. Nov. 10, 2014) (expedited administrative removal order under INA 235 violated due process where immigration officer failed to comply with 8 C.F.R. 235.3(b)(2)(i), and no prejudice need be shown).

Almanza-Arenas v. Holder, ___ F.3d ___ (9th Cir. Nov.

Almanza-Arenas v. Holder, ___ F.3d ___, ___ (9th Cir. Nov. 10, 2014) (Where the petitioner was convicted under a divisible statute, we apply the modified categorical approach to determine which alternative element in a divisible statute formed the basis of the defendants conviction. Descamps, 133 S. Ct. at 2293. This inquiry is legal, not factual, because the [Immigration and Nationality Act] asks what offense the noncitizen was convicted of, . . . not what acts he committed. Moncrieffe v. Holder, 133 S. Ct. 1678, 1685 (2013) (internal citations omitted).).

Almanza-Arenas v. Holder, ___ F.3d ___, ___ (9th Cir. Nov. 10, 2014) (The difference between indivisible and divisible statutes is that indivisible statutes may contain multiple, alternative means of committing the crime, [but] only divisible statutes contain multiple, alternative elements of functionally separate crimes. Rendon v. Holder, 764 F.3d 1077, 1084"85 (9th Cir. 2014) (emphasis in original).

Almanza-Arenas v. Holder, ___ F.3d ___, ___ (9th Cir. Nov. 10, 2014) (Almanza-Arenass record of conviction did not conclusively show whether or not he was convicted of a crime involving moral turpitude. The BIA not only engaged in the modified categorical approach impermissibly, but also determined that, where the record of conviction was inconclusive, the petitioner was ineligible for cancellation of removal. This was in error.

Leal v. Holder, 771 F.3d 1140 (9th Cir. Nov.

Ibarra-Hernandez v. Holder, 770 F.3d 1280 (9th Cir. Nov. 5, 2014) (Arizona conviction of identity theft, in violation of Arizona Revised Statutes 13-2008(A), is a crime involving moral turpitude, under the modified categorical analysis, since the statute is divisible and the record shows that petitioner stole a real person's identity without their consent for the purpose of obtaining employment, which is inherently fraudulent and involves moral turpitude).

Cervantes v. Holder, ___ F.3d ___, 2014 WL 6463031 (9th Cir. Nov. 19, 2014) (California conviction for threatening to commit a crime resulting in death or great bodily injury under Penal Code 422 is categorically a crime of moral turpitude, for purposes of determining whether immigrant was inadmissible under INA 212(a)(2)(A)(i)(I), 8 U.S.C. 1182(a)(2)(A)(i)(I)); following Latter"Singh v. Holder, 668 F.3d 1156, 1163 (9th Cir. 2012).

Cervantes v. Holder, ___ F.3d ___, ___, 2014 WL 6463031 (9th Cir. Nov.

Cervantes v. Holder, ___ F.3d ___, ___, 2014 WL 6463031 (9th Cir. Nov. 19, 2014) (an alien's description of his crimes is not an acceptable source of evidence under the modified categorical approach.); see Sandoval"Lua v. Gonzales, 499 F.3d 1121, 1129 n. 7 (9th Cir. 2007) ([U]nder the modified categorical approach we may not consider ... testimony about the alien's criminal conduct.), abrogated on other grounds by Young v. Holder, 697 F.3d 976, 979 (9th Cir.2012) (en banc).