UPDATE: Although certiorari was denied in Gutierrez, Brian Goldman and Orrick did take this issue to the Supreme Court eventually, with Pereida v. Barr, later renamed Pereida v Wilkinson. Oral arguments were October 14, 2020, and the transcript of those arguments is here: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2020/19-438_d1of.pdf
Unfortunately, the Supreme Court issued a decision against Pereida on March 4, 2020. A 5 member majority ruled that, in the context of the cancellation application, the non-citizen bears the burden of proof on which section of a “divisible” statute was violated, which is a factual question. The Court also indicated that, to resolve such a question, the applicant is not limited to merely the Shepherd (official conviction) documents. The decision is here: https://www.supremecourt.gov/opinions/20pdf/19-438_j4el.pdf
A Triche Immigration Appeals case is now under consideration by the United States Supreme Court. On Friday, October 19, a team of attorneys filed a Petition for a Writ of Certiorari in Gutierrez v. Sessions, 887 F.3d 770 (6th Cir. 2018). Ms. Gutierrez’s attorneys seek review of an important “crimmigration” law question, on which the circuits are now split: does a “merely ambiguous” criminal conviction record serve to disqualify an alien seeking relief from removal under the US Immigration and Nationality Act? Dr. Triche is on the team by virtue of having represented Ms. Gutirrez before the Sixth Circuit Court of Appeals. Lead counsel before the Supremes is E. Joshua Rosenkranz of Orrick, Herrington & Sutcliffe, LLP, who is joined on lead by his truly spectacular fellow Orrick attorneys, Brian Goldman and Cynthia Stein. Orrick has generously adopted the case pro bono during this Petition for Cert and its lead-up.
Here is a link to the full Petition: http://tricheimmigrationappeals.com/wp-content/uploads/2018/10/Guiterrez-v-Sessions-Cert-Petition.pdf,
For a description of the issues and proceedings addressed in the Sixth Circuit, here is a news story written by Dr. Triche:http://www.tba.org/connect/6th-circuit-s-decision-in-gutierrez-v-sessions-adds-it-to-circuit-split-on-issue
The Supreme Court generally takes around six weeks to decide on a Petition for Writ of Certiorari. If this one is granted, Ms. Miriam Gutierrez will be given an opportunity to argue her full case before the Court.