Silva-Trevino v. Holder, 742 F.3d 197, 200 (5th Cir. Jan. 30, 2014) (immigration judge cannot consider extrinsic evidence to determine whether an alien was convicted of a crime involving moral turpitude: We have long held that, in making this determination, judges may consider only the inherent nature of the crime, as defined in the statute, or, in the case of divisible statutes, the alien's record of conviction. Amouzadeh v. Winfrey, 467 F.3d 451, 455 (5th Cir.2006) (internal quotation marks and citations omitted); U.S. ex rel. McKenzie v. Savoretti, 200 F.2d 546, 548 (1952). We do not permit extrinsic inquiry into the circumstances surrounding the particular transgression. Amouzadeh, 467 F.3d at 455.); reversing Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. Nov. 7, 2008).

Note: The circuits are in conflict on this issue. Five circuits, now including the Fifth Circuit, agree that the immigration court must apply the categorical analysis to the question whether a conviction is a crime of moral turpitude, and may not go outside the record of conviction, except in the case of a divisible statute. Only the Seventh and Eighth Circuits disagree. As the court in Silva-Trevino summarized:

The Third, Fourth, Ninth, and Eleventh Circuits found the language unambiguous and thus withheld deference. See generally Olivas"Motta v. Holder, 716 F.3d 1199 (9th Cir.2013); Prudencio v. Holder, 669 F.3d 472 (4th Cir.2012); Fajardo v. U.S. Attorney General, 659 F.3d 1303 (11th Cir.2011); Jean"Louis v. Attorney General of U.S., 582 F.3d 462 (3d Cir.2009). The Seventh Circuit, however, has afforded the decision deference under Chevron, 467 U.S. 837, 104 S.Ct. 2778 (1984). See Ali v. Mukasey, 521 F.3d 737, 739 (7th Cir.2008) ([A]s the board has done this through formal adjudication[,] the agency is entitled to the respect afforded by the Chevron doctrine.). The Eighth Circuit initially rejected the Silva"Trevino approach, but a later panel held that the opinion warrants deference. Compare Guardado"Garcia v. Holder, 615 F.3d 900, 902 (8th Cir.2010) (We are bound by our circuit's precedent, and to the extent Silva"Trevino is inconsistent, we adhere to circuit law.), with Bobadilla v. Holder, 679 F.3d 1052, 1057 (8th Cir.2012) (We conclude that the methodology is a reasonable interpretation of the statute and therefore must be given deference by a reviewing court.).

Id. at 200 n.1.