Yet another look at Matter of Silva-Trevino, this time through a Rosas colored glasses.

Sunday, November 6th, 2011

Today I write again on a technical matter, discussing the case, Matter of Silva-Trevino, again. As you may recall from writings  here and here  and here, in this case, the then-attorney general, Michael Mukasey, issued a decision deviating from the prevailing law regarding what an immigration judge may consider in determining whether someone committed a crime of moral turpitude. This is important because depending on the number of such crimes, when they were committed, and the severity of the sentence,…

Matter of Silva-Trevino: Going, going ….

Sunday, October 16th, 2011

On November 7, 2008, outgoing Attorney General Michael Mukasey turned immigration law on its head when he issued a decision, Matter of Silva-Trevino. Rather than go into all its details, I refer you to a blog I posted on it in January 2011 and an article I co-authored.  In January I optimistically forecasted that Matter of Silva-Trevino would not survive Ninth Circuit scrutiny. I wrote: This case (Rosas Castaneda v. Holder)  also may be foreshadow the demise of another precedent…

The pendulum swings back in the 9th Circuit ‘reversing’ Matter of Almanza-Arenas

Sunday, January 9th, 2011

Nearly a year ago, I posted two blogs, this and this, about a case from the Board of Immigration Appeals, Matter of Almanza-Arenas, which reversed precedent in the Ninth Circuit regarding showing eligibility for Cancellation of Removal for Certain Permanent Residents, INA § 240A(a). This Cancellation of Removal, there are two others, allows permanent residents to keep their permanent residence status after committing removable offenses or engaging in conduct that renders one removable. To be eligible, an alien must have at…