Immigration · Primary-source case analysis

Mathis: Alternative Means Do Not Make a Statute Divisible

By Aneeta Mishra and Timothy Chan

Published September 13, 2026

Mathis provides the elements-versus-means method central to conviction-based immigration analysis.

The state burglary statute covered more locations

Iowa burglary included vehicles and other structures beyond generic burglary’s buildings.

Elements define the offense

The categorical comparison asks what a jury must unanimously find, not every factual way the offense may occur.

Means do not authorize record review

When alternatives are factual means within one element, courts cannot use charging or plea documents to narrow the conviction.

The enhancement failed

The overbroad indivisible statute could not qualify as generic burglary.

Key takeaways

• Read authoritative state law on unanimity.
• Use statutory alternatives to identify elements, not assumed facts.
• Consult record documents only for a truly divisible statute.
• Do not convert conduct evidence into conviction elements.