The BIA takes a third crack at Silva-Trevino and the categorical approach for CIMTs
In the continuing saga of Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), the BIA was again asked to determine whether Texas Penal Code 21.11(a)(1) (indecency with a child) is a crime involving moral turpitude. This case has had a long history and has been the focal point of the Board's CIMT categorical approach analysis for eight years. The case has revolved around the difficult questions of how and when to apply the categorical and modified categorical approach. In M