allows an immigration judge to rely on documents of questionable veracity as "proof" of an alien’s conduct. These documents, such as police reports and warrant applications, often contain little more than unsworn witness statements and initial impressions. Indeed, these materials are designed only to permit a determination of probable cause. Further, because these submissions are generated early in an investigation, they do not account for later events, such as witness recantations,amendments, or corrections. To confer upon such materials the imprimatur of fact, even for the narrow application of removal proceedings involving questions of moral turpitude, accords these documents unwarranted validity.
The Silva-Trevino factual approach permits an Immigration Judge (IJ) to consider otherwise impermissible evidence to determine that a conviction is a crime involving moral turpitude with adverse immigration consequences attaching. Or in other words, if all else fails, throw in the kitchen sink.