Aracely Marinelarena v. Jefferson Sessions

The majority holds that Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc), remains good law because it is not clearly irreconcilable with Moncrieffe v. Holder, 569 U.S. 184, 133 S.Ct. 1678, 185 L.Ed.2d 727 (2013). Maj. Op. at 790. Under Young, Marinelarena must prove that she was not convicted of a controlled substance offense in order to establish her eligibility for cancellation of removal. Because the record is ambiguous on this point, the majority reasons, Marinelarena cannot satisfy her burden of proof and is thus ineligible for relief. Id. at 787. I disagree with the majority’s…