The Board of Immigration Appeals (BIA) has set forth its third decision in Matter of Chairez, confirming that the definition of a divisible statute, as set forth in the Supreme Court's decision in Mathis v. United States, applies to immigration proceedings. Accordingly, the BIA determined that section 76-10-508.1 of the Utah Code is overbroad with respect to the definition of a crime of violence because it criminalizes reckless conduct under subsection (1)(a). Moreover, the statute is not divisible because Utah state case law suggests that the mental state is not something upon which a jury must unanimously agree to convict.
The full text of Matter of Chairez can be found here: