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).).