Particularly serious crime in the Immigration and Nationality Act (INA) of the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

is a predecessor of the current

aggravated felony The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidan ...

.''Diego v. Sessions''
857 F.3d 1005
1015-16 ( 9th Cir. 2017). The term "particularly serious crime" was coined for the first time when the U.S. Congress enacted the Refugee Act in 1980.See generally ''Matter of N-A-M-''
24 I&N Dec. 336
( BIA 2007). 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). ("Paragraph (1) shall not apply to an alien if the

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

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).("Restriction on removal to a country where alien's life or freedom would be threatened"); (d)(2)("Mandatory denials").

References

''This article in most part is based on

law of the United States The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...

, including

statutory A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

and latest

published Publishing is the activities of making information, literature, music, software, and other content, physical or digital, available to the public for sale or free of charge. Traditionally, the term publishing refers to the creation and distribu ...

case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

.'' {{reflist

External links

"Particularly Serious Crime" Bars on Asylum and Withholding of Removal: Case Law Standards and Sample Determinations
(UNHCR)
New Way Forward Act: Title III, Sec. 302(c) (Particularly Serious Crime)
American legal terminology Criminal law United States immigration law