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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...

Unpub. BIA on Burden of Proof, Police Report, Silva-Trevino Step 3: Matter of Hernandez Avila

"At issue in this case was whether the respondent's conviction in violation of California Penal Code § 653w(a) (failure to disclose origin of a recording or audiovisual work) renders him removable under section 237(a)(2)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227...

CA9 on Silva-Trevino: Olivas-Motta v. Holder (REVISED)

"Petitioner Manuel Olivas-Motta is a lawful permanent resident charged with removal under 8 U.S.C. § 1227(a)(2)(A)(ii) based on his alleged “conviction of” two crimes involving moral turpitude (“CIMTs”). Petitioner concedes that the first conviction was for a CIMT. He...

Farewell to Silva-Trevino: Olivas-Motta v. Holder

Carrie Rosenbaum writes: "Last week, the U.S. Court of Appeals for the Ninth Circuit rejected the Attorney General’s ruling that immigration courts can look beyond the record of conviction to determine if a conviction is a “crime involving moral turpitude.” See Olivas-Motta v....

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...

Silva-Trevino Cascade at CA5

On Feb. 14, 2014, the U.S. Court of Appeals for the Fifth Circuit issued two unpublished panel decisions, vacating and remanding under Silva-Trevino v. Holder , No. 11-60464, --- F.3d ----, 2014 U.S. App. LEXIS 1947 (5th Cir. 2014): Miller v. Holder [Hats off to Brian J. Murray (Jones Day,) Kenneth...

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...

BIA on CIMTs - Silva-Trevino III - 26 I&N Dec. 826 (BIA 2016)

Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016) Headnotes: (1) The categorical and modified categorical approaches provide the proper framework for determining whether a conviction is for a crime involving moral turpitude. (2) Unless the controlling case law of the governing Federal court...