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statuteappealasylum
statuteappealasylum

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Sanchez v. Holder

Facts

Fredy Arnoldo Sanchez, a native of El Salvador, entered the U.S. without inspection in 1989 and later applied for asylum and cancellation of removal. In 2008, he was arrested for leaving the scene of an accident that resulted in serious bodily injury. He was convicted under Indiana law for failing to stop after the accident, which the government argued constituted a crime involving moral turpitude, making him ineligible for cancellation of removal.

Fredy Arnoldo Sanchez, a native of El Salvador, entered the U.S. without inspection in 1989 and later applied for asylum and cancellation of removal. In 2008, he was arrested for leaving the scene of an accident that resulted in serious bodily injury. He was convicted under Indiana law for failing to stop after the accident, which the government argued constituted a crime involving moral turpitude, making him ineligible for cancellation of removal.

Issue

Did the Board of Immigration Appeals correctly determine that Sanchez was ineligible for cancellation of removal due to his conviction for a crime involving moral turpitude?

Did the Board of Immigration Appeals correctly determine that Sanchez was ineligible for cancellation of removal due to his conviction for a crime involving moral turpitude?

Rule

The classification of a crime as one of moral turpitude is a question of law that can be reviewed, and the Board must apply the three-step inquiry established in Matter of Silva-Trevino to determine if a conviction qualifies as a CIMT.

The classification of a crime as one of moral turpitude is a question of law that can be reviewed, and the Board must apply the three-step inquiry established in Matter of Silva-Trevino to determine if a conviction qualifies as a CIMT.

Analysis

The Seventh Circuit found that the Board failed to use the proper analytical methodology as prescribed in Matter of Silva-Trevino. The Board did not adequately evaluate whether the Indiana statute under which Sanchez was convicted could be applied to conduct that does not involve moral turpitude. The court emphasized that the Board should have considered additional evidence beyond the record of conviction to accurately assess the moral turpitude question.

The Seventh Circuit found that the Board failed to use the proper analytical methodology as prescribed in Matter of Silva-Trevino. The Board did not adequately evaluate whether the Indiana statute under which Sanchez was convicted could be applied to conduct that does not involve moral turpitude. The court emphasized that the Board should have considered additional evidence beyond the record of conviction to accurately assess the moral turpitude question.

Conclusion

The Seventh Circuit granted Sanchez's petition and remanded the case to the Board for further proceedings, emphasizing the need for a proper application of the Silva-Trevino framework.

The Seventh Circuit granted Sanchez's petition and remanded the case to the Board for further proceedings, emphasizing the need for a proper application of the Silva-Trevino framework.

Who won?

Fredy Arnoldo Sanchez prevailed in the case because the court found that the Board did not apply the correct methodology in determining his eligibility for cancellation of removal.

Fredy Arnoldo Sanchez prevailed in the case because the court found that the Board did not apply the correct methodology in determining his eligibility for cancellation of removal.

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