Understanding the Categorical and Modified Categorical Tests
This article employs case examples and diagrams to illustrate the mechanics of the categorical and modified categorical tests used to determine the immigration consequences of criminal offenses. It also includes a discussion of, and possible theories for dealing with, Matter of Silva-Trevino, where the attorney general effectively eviscerated the traditional categorical and modified categorical tests as applied to crimes involving moral turpitude (CIMT).
Lee O’Connor helps the reader understand precisely how these tests should work, and offers advice and guidance on how to focus the decision-making on the legal requirements of the tests.
This article discusses:
- The Three-Step Analysis of the Categorical Test
- Application of the Modified Categorical Test
- Analysis of Matter of Silva-Trevino and Its Adverse Effects
- The Inapplicability of Silva-Trevino Outside the CIMT Context
- Strategies for Dealing with Silva-Trevino
- Tips on Forming Arguments Before and After Conviction
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