Wednesday, February 1, 2012

Fourth Circuit Reverses Silva-Trevino

In a significant immigration ruling, the fourth circuit court of appeals, encompassing Virginia and other Southern states,  ruled today that a rule of the Board of Immigration Appeals permitting immigration judges to examine police reports and other information to evaluate whether a crime was a crime of moral turpitude violates Federal law.   The Court found that the Attorney General's opinion allowing the immigration courts to examine evidence outside the record of criminal conviction "if doing so is necessary and appropriate"  was without legal basis. The First Circuit, including Massachusetts still permits immigration judges to examine police reports and other records.


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