BIA addresses intentional conduct CIMTand adherence to Silva Trevino


The Board of Immigration Appeals (BIA) in Matter of GUEVARA ALFARO, 25 I&N Dec. 417 (BIA 2011) held:

(1) Any intentional sexual conduct by an adult with a child involves moral turpitude,
as long as the perpetrator knew or should have known that the victim was under the
age of 16. Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), followed.
Quintero-Salazar v. Keisler, 506 F.3d 688 (9th Cir. 2007), not followed.

(2) Absent otherwise controlling authority, Immigration Judges and the Board
of Immigration Appeals are bound to apply all three steps of the procedural framework
set forth by the Attorney General in Matter of Silva-Trevino for determining whether
a particular offense constitutes a crime involving moral turpitude.

Ricky Malik, Esq.