Particularly serious crime

Particularly serious crime in the Immigration and Nationality Act (INA) of the United States is a predecessor of the current aggravated felony.[1][2] The term "particularly serious crime" was coined for the first time when the U.S. Congress enacted the Refugee Act in 1980.[3]

Aliens who have been convicted of particularly serious crimes (and found by the U.S. Attorney General to be dangers to the community of the United States) are statutorily precluded from receiving asylum or a grant of withholding of removal under 8 U.S.C. § 1231(b)(3)(B).[1][4]

  1. ^ a b 8 U.S.C. § 1158(b)(2)(A)(ii) ("Paragraph (1) shall not apply to an alien if the Attorney General determines that— ... the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States") (emphasis added).
  2. ^ Diego v. Sessions, 857 F.3d 1005, 1015-16 (9th Cir. 2017).
  3. ^ See generally Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007).
  4. ^ 8 U.S.C. § 1231(b)(3)(B)("Restriction on removal to a country where alien's life or freedom would be threatened"); 8 CFR 208.16(d)(2)("Mandatory denials").