In response to the Department of Homeland Security's request for partial reconsideration of Matter of Chairez, 26 I&N Dec. 349 (BIA 2014), the Board of Immigration Appeals clarified that with respect to aggravated felony convictions, Immigration Judges must follow the law of the circuit court of appeals in whose jurisdiction they sit in evaluating issues of divisibility, so the interpretation of Descamps v. United States, 133 S. Ct. 2276 (2013), reflected in Matter of Chairez, 26 I&N Dec. 349 (BIA 2014), applies only insofar as there is no controlling authority to the contrary in the relevant circuit. Moreover, since the Tenth Circuit has taken an approach to divisibility different from that adopted in Matter of Chairez, the law of the Tenth Circuit must be followed in that circuit. Unfortunately for Mr. Chairez, he was removable under the Tenth Circuit's definition of divisibility.
The full text of the new decision in Matter of Chairez can be found here: http://www.justice.gov/eoir/vll/intdec/vol26/3825.pdf