Tag Archives: BIA

Is Simple Assault a Crime Involving Moral Turpitude post-Silva-Trevino?

As discussed in a previous post, in Silva-Trevino, ex-Attorney General Mukasey attempted to drastically revise nearly a century of jurisprudence governing the analysis used to determine whether a particular conviction constitutes a crime involving moral turpitude (CIMT).  This post will attempt to answer the question –  when are the Immigration Courts allowed to look beyond the record of conviction to determine whether a conviction for simple assault is a CIMT?

EDIT: After the Fourth Circuit’s recent decision rejecting Silva-Trevino in Prudencio v. Holder, this approach is looking more and more vulnerable to attack.  Check to see whether Silva-Trevino is still good law in your circuit. I discuss the Fourth Circuit decision here.

FURTHER EDIT – IMPORTANT: The Supreme Court’s June 2013 decision in Descamps v. US clarified when the modified-categorical approach is to be used for determining whether a crime is a crime of violence. This has completely changed the Fourth Circuit’s analysis of whether simple assault type crimes will be a crime of violence (and therefore a CIMT). See US v. Royal (4th Cir., Oct. 2013).  I imagine that the situation is changing quickly in other circuits as well.

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9th Circuit Reiterates that BIA’s 30-Day Appeals Deadline is Non-Jurisdictional

Please, no one take this as an excuse to blow off the Board of Immigration Appeals deadlines, but the 9th Circuit recently restated its holding that the BIA’s appeals deadline is not jurisdictional, overturning (in that circuit) the BIA’s attempted overruling of circuit precedent.  In a decision found here, the 9th Circuit called the 30-day deadline a “claim-processing rule” rather than a limit on jurisdiction.

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