Former Attorney General Mukasey’s last minute fuck you to the immigrant community is looking like it might be against the ropes. 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).
Today, the 4th Circuit becomes the fourth circuit court to reject Silva-Trevino. In Prudencio v. Holder, the 4th Circuit held that ex-AG Mukasey’s decision was not entitled to Chevron deference because there was no ambiguity in the statute, that indeed, any ambiguity was of Mukasey’s own making. The author of the opinion, Judge Keenan, a fairly recent Obama appointee, had some pretty choice words for Mukasey’s linguistic gymnastics.
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