ed Amicus Invitation No. 17-06-12 [PDF version]. The Amicus Invitation, titled “Modified Categorical Approach & CIMTS),” welcomes interested members of the public to file amicus curiae briefs with the BIA by July 12, 2017, addressing the following issues (paraphrased):Is the Board precluded from using the modified categorical approach for an indivisible or means-based statute within the context of a crime involving moral turpitude (CIMT) determinations when the requirement in question is whether the conduct involved was reprehensible, which is a subjective determination and not an element (something that must be proven to convict) of the state offense?Do the “three basic reasons for adhering to an elements-only inquiry” set forth in the Supreme Court of the United States decision in Mathis v. United States, 136 S.Ct. 2243, 2252-53 (2016) [PDF version], have force in the CIMT context?Do the answers to the first two questions require modification in the Board's published decision in the Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016) [PDF version]. If so, how?When determining whether a criminal conviction is an immigration offense under the Immigration and Nationality Act (INA), the Board is generally restricted in the type of evidence that it may evaluate.

INTRODUCTION (UPDATED WITH SILVA-TREVINO III DECISION)The Board of Immigration Appeals (BIA) issued an important precedent decision in the Matter of Silva-Trevino (“Silva-Trevino III”), 26 I&N Dec. 826 (BIA 2016) [PDF version] regarding the analytical framework for determining of a conviction under a federal or state statute is for a CIMT. This is in fact the third time the Attorney General/BIA has addressed the issue.