Logourl black
From our private database of 13,800+ case briefs...

Matter of Silva-Trevino

Attorney General of the United States
24 I. & N. Dec. 687 (2008)


Facts

Cristoval Silva-Trevino (defendant) was a native and citizen of Mexico who became a permanent resident of the United States in 1962. In 2004, Silva-Trevino entered a plea of no contest to “indecency with a child” under Texas law, a second-degree felony punishable up to 20 years in prison. The Texas law made it a crime for a person to engage in “sexual conduct” with a child under the age of 17. The following year, the Department of Homeland Security initiated removal proceedings against Silva-Trevino on the ground that he had been convicted of an “aggravated felony” under the Immigration and Nationality Act (INA). 8 U.S.C. § 1227(a)(2)(A)(iii). The immigration judge held that Silva-Trevino’s Texas conviction was an “aggravated felony” and ordered him removed to Mexico. As a result of the decision, Silva-Trevino lost his status as a lawful permanent resident of the United States. Silva-Trevino then requested discretionary relief from removal through an adjustment of status under § 245(a) of the INA back to a lawful permanent resident of the United States. Silva-Trevino argued that discretionary relief could be granted because his “aggravated felony” conviction was not a crime involving moral turpitude (CIMT). The immigration judge denied Silva-Trevino’s request. On appeal, the Board of Immigration (BIA) reversed. BIA decisions are binding on immigration judges unless modified or overruled by the Attorney General or a federal court. 8 C.F.R. § 1003.1(h). Attorney General Alberto Gonzales (plaintiff) directed the BIA to refer the matter to him for review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Mukasey, A.G.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 166,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.