Matter of SILVA-TREVINO, 24 I&N Dec. 687 (A.G. 2008) is a landmark case for deciding whether an alien’s conviction is for a Crime Involving Moral Turpitude rendering him inadmissible, which undertakes the categorical approach, and if the inquiry remains unresolved, examines the record of conviction and then if necessary, additional evidence. Here are the head notes:
1. To determine whether a conviction is for a crime involving moral turpitude, immigration judges and the Board of Immigration Appeals should:
a. Look to the statute of conviction under the categorical inquiry and determine whether there is a “realistic probability” that the State or Federal criminal statute pursuant to which the alien was convicted would be applied to reach conduct that does not involve moral turpitude;
b. if the categorical inquiry does not resolve the question, engage in a modified categorical inquiry and examine the record of conviction, including documents such as the indictment, the judgment of conviction, jury instructions, a signed guilty plea, and the plea transcript; and
c. if the record of conviction is inconclusive, consider any additional evidence deemed necessary or appropriate to resolve accurately the moral turpitude question.
2. It is proper to make a categorical finding that a defendant’s conduct involves moral turpitude when that conduct results in conviction on the charge of intentional sexual contact with a person the defendant knew or should have known was a child.
3. To qualify as a crime involving moral turpitude for purposes of the Immigration and Nationality Act, a crime must involve both reprehensible conduct and some degree of scienter, whether specific intent, deliberateness, willfulness, or recklessness. See the decision yourselves at http://www.usdoj.gov/eoir/vll/intdec/vol24/3631.pdf
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