Alanis-Alvarado v. Holder – Case Brief Summary (Federal Court)

Alanis-Alvarado v. Holder - Case Brief Summary (Federal Court)

In Alanis-Alvarado v. Holder, 558 F.3d 833 , 836 (9th Cir. 2009), it was initially held that “a conviction under California Penal Code section 273.6, for violating a protective order issued pursuant to California Family Code section 6320, categorically qualifies as violation of a ‘protection order’ under 8 U.S.C. § 1227(a)(2)(E)(ii) . . . .” 558 F.3d at 835. However, later it was observed that “examining the ‘full range of conduct’ proscribed by section 273.6, Petitioner’s conviction does not suffice under the categorical approach.” Id. at 837.

The court then turned to the modified categorical approach in order to examine the petitioner’s “records of conviction.” Id.

In doing so, it cryptically noted that: Although this inquiry rides under the banner of the “modified categorical approach,” the records of conviction here tell us only which combination of statutes authorized the protection order that Petitioner violated. Our modified categorical inquiry is therefore identical to a categorical inquiry: whether the INA provision embraces the “full range of conduct” under those state statutes. It is a kind of modified categorical inquiry nonetheless, because it is a second-tier inquiry. Id.