The Sixth Circuit has determined that an inconclusive record of conviction does not meet a petitioner's burden of establishing eligibility for relief.  This decision creates a circuit split with the First Circuit, but aligns with a decision from the Fifth Circuit.  The issue is currently being heard en banc by the Ninth Circuit.

The full text of Gutierrez v. Sessions can be found here:

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0073p-06.pdf

Comment