Eleventh Circuit rejects Silva-Trevino: Sanchez Fajardo v. Atty. Gen.

Eleventh Circuit rejects Silva-Trevino: Sanchez Fajardo v. Atty. Gen.

"[W]e agree with the Third and Eighth Circuits that Congress unambiguously intended adjudicators to use the categorical and modified categorical approach to determine whether a person was convicted of a crime involving moral turpitude. ... [W]e hold that the BIA and the IJ erred by considering evidence beyond the record of Sanchez Fajardo’s false imprisonment conviction to determine that he had been convicted of a crime involving moral turpitude. ... [W]e hold that Silva-Trevino is contrary to the unambiguously expressed intent of Congress... ."

Sanchez Fajardo v. Atty. Gen., Oct. 12, 2011.