Matter of SILVA-TREVINO, 26 I&N Dec. 550 (A.G. 2015)
The Attorney General vacated the opinion in Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008).
The BIA will be soliciting amicus briefs.
On November 7, 2008, Attorney General Mukasey issued an opinion in this matter vacating the August 8, 2006, decision of the Board of Immigration Appeals and remanding respondent’s case for further proceedings in accordance with his opinion. See Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008). On remand, the Immigration Judge, applying Attorney General Mukasey’s opinion, issued a new decision finding respondent ineligible for discretionary relief from deportation. The Board affirmed that decision. The respondent then filed a petition for review with the United States Court of Appeals for the Fifth Circuit. On January 30, 2014, the Fifth Circuit rejected Attorney General Mukasey’s opinion as contrary to the plain language of the statute, vacated the Board’s decision, and remanded this matter to the Board for further proceedings consistent with the court’s opinion. See Silva-Trevino v. Holder, 742 F.3d 197, 200−06 (5th Cir. 2014). For the reasons stated herein, I have determined that it is appropriate to vacate Attorney General Mukasey’s November 7, 2008, opinion in this matter.