Rejecting the Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008) framework and holding that (1) courts analyzing whether a criminal conviction qualifies as a crime involving moral turpitude (CIMT) cannot review criminal documents beyond those they are explicitly authorized to consider under the categorical and modified categorical approaches and (2) a conviction for sexual intercourse with a minor under Va. Code § 18.2-371 is not a CIMT when the record of conviction does not reveal the subsection under which the individual was convicted because the statute encompasses non-turpitudinous conduct. Judge Shedd dissented.
Date of Decision
Published
