Nicola Miller v. Eric Holder, Jr.
UNPUBLISHED OPINION FILED. [11-60682 Reversed, Vacated and Remanded] Judge: FPB , Judge: PRO , Judge: LHS Mandate pull date is 04/07/2014 [11-60682]
Date Filed: 02/14/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
February 14, 2014
Lyle W. Cayce
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A079 088 319
Before BENAVIDES, OWEN, and SOUTHWICK, Circuit Judges.
Nicola Miller petitions this Court for review of a Board of Immigration
Appeals (“BIA”) removal order. An immigration judge found Miller removable
pursuant to Immigration and Nationality Act (“INA”) § 237(a)(2)(A)(ii), as an
alien twice convicted of a crime involving moral turpitude. The BIA affirmed.
The INA affords this Court jurisdiction to review final orders of removal.
See 8 U.S.C. § 1252(b). We review de novo the classification of a state conviction
as a crime involving moral turpitude. Hyder v. Keisler, 506 F.3d 388, 390 (5th
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
Date Filed: 02/14/2014
In classifying Miller’s conviction of grand theft, FLA. STAT.
§ 812.014(2)(a), (c)(1), as a crime of moral turpitude, the immigration judge
looked beyond the conviction record to a police report, as permitted under the
analytical framework proposed by the Attorney General in Matter of SilvaTrevino, 24 I. & N. Dec. 687 (A.G. 2008). This Court, however, recently held that
the Silva-Trevino framework—insofar as it permits extrinsic examination of
documents outside of the conviction record—conflicts with the unambiguous
language of the INA. See Silva-Trevino v. Holder, No. 11-60464, --- F.3d ---- (5th
Cir. 2014). As a consequence, that analytical method does not displace Circuit
precedent, which precludes examination of the police report. See Amouzadeh v.
Winfrey, 467 F.3d 451, 455 (5th Cir. 2006) (describing the Circuit’s modifiedcategorical approach); United States v. Murillo-Lopez, 444 F.3d 337, 340 (5th Cir.
2006) (listing the documents made available for review by Shepard v. United
States, 544 U.S. 13 (2005)) (other citations omitted). Accordingly, we GRANT
Miller’s petition, VACATE the BIA’s decision, and REMAND for further
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