Tuesday, May 29th, 2018

CA9 on Silva-Trevino: Olivas-Motta v. Holder

"Petitioner Manuel Olivas-Motta is a lawful permanent resident charged with removal under 8 U.S.C. § 1227(a)(2)(A)(ii) based on his alleged “conviction of” two crimes involving moral turpitude (“CIMTs”).  Petitioner concedes that the first conviction was for a CIMT.  He contends that the second was not.  The Immigration Judge (“IJ”) and Board of Immigration Appeals (“BIA”) concluded that the second conviction was for a CIMT, relying on police reports to determine the nature of the conviction.  The Attorney General held in Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008), that an IJ may rely on evidence outside the record of conviction to determine whether a petitioner has been “convicted of” a CIMT.  We join the Third, Fourth, and Eleventh Circuits in holding that Silva-Trevino was wrongly decided.  We hold that an IJ and the BIA are confined to the record