In light of the Supreme Court's recent decision in Mellouli v. Lynch, the Ninth Circuit held that a conviction for violating Nevada's possession of paraphernalia statute is not categorically a controlled substance offense.  The court remanded the case for the agency to determine whether the modified categorical approach should be employed, and if so, what impact the application of the modified categorical approach would have on the petitioner's application for relief.

The full text of Madrigal-Barcenas v. Lynch can be found here: