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In re Silva-Trevino

Board of Immigration Appeals

26 I. & N. Dec. 826 (2016)

Facts

Cristoval Silva-Trevino (plaintiff) was a native and citizen of Mexico who came to the United States. Some years later, Silva-Trevino was convicted of indecency with a child in violation of Texas law. Texas law held, in relevant part, that a person committed an offense if he engaged in sexual contact with a child younger than 17 years of age. Sexual contact included “any touching by a person, including through clothing, of the anus, breast, or . . . genitals of a child.” Silva-Trevino admitted that his conviction involved touching but not sexual intercourse. An immigration judge denied Silva-Trevino’s request for an adjustment of status because his crime involved moral turpitude. The Board of Immigration Appeals (BIA) upheld the decision. The BIA’s decision was remanded by the Attorney General, who directed the BIA to develop a uniform standard to determine whether a criminal offense involved moral turpitude.

Rule of Law

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Issue

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Holding and Reasoning (Grant, J.)

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