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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.''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. The term "particularly serious crime" was created in 1980 during the enactment of Refugee Act.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 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") ...
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Immigration And Nationality Act
The U.S. Immigration and Nationality Act may refer to one of several acts including: * Immigration and Nationality Act of 1952 * Immigration and Nationality Act of 1965 * Immigration Act of 1990 See also * List of United States immigration legislation * Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (Bill S.744) was a proposed immigration reform bill introduced by Sen. Charles Schumer ( D- NY) in the United States Senate. The bill was co-sponsored by the oth ... {{sia ...
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Asylum In The United States
The United States recognizes the right of asylum for refugees as specified by international and federal law. A specified number of legally defined refugees who are granted ''refugee status'' outside the United States are annually admitted under for firm resettlement. Other people enter the United States as aliens either lawfully or unlawfully and apply for asylum under section 1158. Asylum in the United States has three basic requirements. First, asylum applicants must not be convicted of a particularly serious crime or an aggravated felony. Second, they must show a well-founded fear of persecution in their country of nationality and permanent residency. Third, asylum applicants must prove that they would be persecuted on account of at least one of five protected grounds: race, religion, nationality, political opinion, or particular social group. Majority of asylum claims in the United States fail or are rejected. One third of asylum seekers go to courts unrepresented althou ...
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American Legal Terminology
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soccer * B ...
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Case Law
Case law, also used interchangeably with common law, is 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 a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law ...
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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 most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the s ...
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Alien (law)
In law, an alien is any person (including an organization) who is not a citizenship, citizen or a nationality, national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, the term "alien" is perceived as synonymous with foreign national. (explaining that "the term 'foreign national' means.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not green card, lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8."). Lexicology The term "alien" is derived from the Latin ''alienus'', which in turn is derived from the Oscan ''mancupatis'', (a proto-Etruscan tribe), meaning a slave. The Latin later came to mean a stranger, a foreigner, or someone not related by blood. Similar terms to "alien" in this context include ''foreigner'' and ''lander''. Categor ...
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Americans
Americans are the Citizenship of the United States, citizens and United States nationality law, nationals of the United States, United States of America.; ; Although direct citizens and nationals make up the majority of Americans, many Multiple citizenship, dual citizens, expatriates, and green card, permanent residents could also legally claim American nationality. The United States is home to race and ethnicity in the United States, people of many racial and ethnic origins; consequently, culture of the United States, American culture and Law of the United States, law do not equate nationality with Race (human categorization), race or Ethnic group, ethnicity, but with citizenship and an Oath of Allegiance (United States), oath of permanent allegiance. Overview The majority of Americans or their ancestors Immigration to the United States, immigrated to the United States or are descended from people who were Trans Atlantic Slave Trade, brought as Slavery in the United States ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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United States Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. History Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all sui ...
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Alien (law)
In law, an alien is any person (including an organization) who is not a citizenship, citizen or a nationality, national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, the term "alien" is perceived as synonymous with foreign national. (explaining that "the term 'foreign national' means.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not green card, lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8."). Lexicology The term "alien" is derived from the Latin ''alienus'', which in turn is derived from the Oscan ''mancupatis'', (a proto-Etruscan tribe), meaning a slave. The Latin later came to mean a stranger, a foreigner, or someone not related by blood. Similar terms to "alien" in this context include ''foreigner'' and ''lander''. Categor ...
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