In a pending en banc case, Young v. Holder, the court has asked for supplemental briefing on the validity of Sandoval-Lua, 499 F.3d 1121, 1131 (9th Cir. 2007) and Rosas-Castaneda v. Holder, 655 F.3d 875, 886 (9th Cir. 2011), rehg en banc denied. The court potentially could overrule these decisions. Even if the court does not, the issue could go to the Supreme Court at some point because of a split between circuits. Therefore we should assert this rule in proceedings now but strategize for what to do if it is overturned in this or another case.
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