Guillermo Arriaga-Pinon argued that in light of Mathis v. United States, the Ninth Circuit needed to reconsider its holding in Duenas-Alvarez v. Holder that section 10851 of the California Penal Code (CPC) is divisible with respect to principal actors and accessories after the fact.  The Court declined to address the divisibility question, but instead found that the record of conviction  did not conclusively establish that Arriaga-Pinon had been convicted of driving or taking the vehicle, where merely driving the vehicle would not be an aggravated felony.

The full text of United States v. Arriaga-Pinon can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/04/07/16-50188.pdf

Comment