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.
Posted in Criminal Law, Immigration
Tagged BIA, Cancellation of Removal, Crime Involving Moral Turpitude, Criminal Immigration, Crimmigration, deportation, EOIR, Immigration, Immigration Court, removal, Removal Defence, Statutory Interpretation
Today, the Eleventh Circuit became the latest US Court of Appeals to reject the new Silva-Trevino method for determining whether a crime involves moral turpitude (CIMT). Silva-Trevino was former Attorney-General Mukasey’s parting shot at immigrants, and it was a doozy. In Silva-Trevino, AG Mukasey made huge changes to the analysis used to determine whether a particular conviction constitutes a crime involving moral turpitude (CIMT) under the guise of creating a national standard to resolve what he perceived as an ambiguous statute. In Sanchez Fajardo, the 11th Circuit held that ex-AG Mukasey’s decision was not entitled to Chevron deference because there was no ambiguity. Continue reading
Posted in Criminal Law, Immigration, News
Tagged Cancellation of Removal, CIMT, Crime Involving Moral Turpitude, Criminal Immigration, Crimmigration, deportation, EOIR, Inadmissibility, removal, Removal Defence, Statutory Interpretation
Under certain circumstances, some people put into removal proceedings who are not Legal Permanent Residents (LPRs) may be eligible for a form of relief called “Cancellation of Removal”, which allows certain non-LPRs to “adjust status” and become an LPR. In plain English, Cancellation of Removal allows some non-green card holders to ask the Immigration Judge to “cancel” their removal proceedings and allow them to stay in the U.S. as an LPR. The statute that provides this relief is INA §240A(b)(1). (There other types of Cancellation for LPRs and for battered spouses or children of LPRs or citizens – INA §240A(a) & (b)(2), respectively). The purpose of this post is to provide a checklist for eligibility for Cancellation of Removal for non-permanent residents.