Criminal Defense of Immigrants



 
 

§ 16.20 2. Application

 
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The key purpose of divisible statute analysis is always to determine which set of elements constitutes the offense of which the noncitizen was convicted:[269]

 


[269] See United States v. Calderon-Pena, 339 F.3d 320, 239 (5th Cir. 2003) (en banc) (looking to the record of conviction “for the limited purpose of determining which of a series of disjunctive elements a defendant’s conviction satisfies.”). 

 

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