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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...

CA5 Rejects Matter of Silva-Trevino

Hats off to Lisa Brodyaga, counsel for amici, and countless others who have worked on this issue for years! "Cristoval Silva-Trevino challenges a new method the Attorney General and the Board of Immigration Appeals (“the Board”) used to determine that he had been convicted of a crime...

CA7 on Silva-Trevino: Sanchez v. Holder

"Fredy Arnoldo Sanchez seeks review of a Board of Immigration Appeals decision dismissing his appeal of the immigration judge’s order of removal. The Board determined that Sanchez was ineligible for cancellation of removal because he failed to prove that he had not been convicted of a crime...