Gabriel Almanza-Arenas v. Loretta E. Lynch

We should no longer tinker with the machinery of Descamps.

*483While I join the majority opinion because it correctly applies our precedent, I do not agree that our precedent is correct. Under the current framework, hardened criminals avoid removal due to the vagaries of one state’s law, while much softer individuals get shipped overseas because of the indictment template used in a different office. The only consistency in these cases is their arbitrariness. The bedeviling “modified categorical approach” will continue to spit out intra- and inter-circuit splits and confusion, which are inevitable…