9th Cir.
07-70949
The court of appeals, sitting en banc, dismissed a petition for review in part and denied it in part. The court held that under the modified categorical approach, when a conjunctively phrased charging document alleges several theories of the crime, a guilty plea establishes the defendants conviction under at least one of those theories, but not necessarily all of them. The court held further that a petitioner cannot carry the burden of demonstrating eligibility for cancellation of removal by establishing an inconclusive record of conviction.
