Categorical Approach

Last Updated:

Mon, Mar 09, 2009

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AILF and other immigrant rights, civil rights, and religious organizations and law firms urge Attorney General Holder to withdraw Matter of Silva-Trevino, a decision issued by former Attorney General Michael Mukasey just before the end of his tenure. Silva-Trevino distorts and in effect abandons the categorical approach for determining whether a criminal court conviction qualifies as a crime involving moral turpitude. The former Attorney General's decision upsets well-settled precedent, announces a rule that will cause gross unfairness, and was issued without adequate notice or input from the public.

Matter of Silva-Trevino, 24 I & N Dec. 687 (A.G. 2008) submitted Mar. 3, 2009 letter asking AG to withdraw decision.

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