United States Fourth Circuit

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Prudencio v. Holder, 10-2382

In removal proceedings against a lawful permanent resident who was convicted of contributing to the delinquency of a minor in violation of Virginia Code section 18.2-371, a misdemeanor, the petition for review of a BIA decision dismissing an appeal from an immigration judge's decision is granted and the immigration judge's order of removal is vacated, where: 1) the Attorney General's approach to determining whether a conviction is for a crime involving moral turpitude, set forth in Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), is not an authorized exercise of the Attorney General's authority under Chevron; and 2) under the categorical and modified categorical approaches, DHS did not satisfy its burden of showing that the conviction qualified as a crime involving moral turpitude.

Appellate Information

  • Decided 01/30/2012
  • Published 01/30/2012

Judges

  • Barbara Milano Keenan

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Hilario Mercado, Jr., Jesse Matthew Bless