The Attorney General has referred the Board of Immigration Appeals' published decision in Matter of Chairez and its unpublished decision in Matter of Sama to herself for review.  She is requesting briefing on the issue of whether the Supreme Court's decision in Descamps v. United States requires that a criminal statute be treated as “divisible” for purposes of the modified categorical approach only if, under applicable law, jurors must be unanimous as to the version of the offense committed.

The notice of referral and invitation for amicus briefs can be found here: