Particularly serious crime in the

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 legisla ...

(INA) of the

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 territorie ...

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 avoidance ...

.''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 The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...

enacted the

Refugee Act The United States Refugee Act of 1980 (Public Law 96-212) is an amendment to the earlier Immigration and Nationality Act of 1965 and the Migration and Refugee Assistance Act of 1962, and was created to provide a permanent and systematic procedur ...

in 1980. The term "particularly serious crime" was created in 1980 during the enactment of

.See generally ''Matter of N-A-M-''
24 I&N Dec. 336
( BIA 2007).

Aliens Alien primarily refers to: * Alien (law), a person in a country who is not a national of that country ** Enemy alien, the above in times of war * Extraterrestrial life, life which does not originate from Earth ** Specifically, intelligent extrate ...

who have been convicted of particularly serious crimes (and found by the

U.S. 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 p ...

to be dangers to the community of the United States) are statutorily precluded from receiving

asylum Asylum may refer to: Types of asylum * Asylum (antiquity), places of refuge in ancient Greece and Rome * Benevolent Asylum, a 19th-century Australian institution for housing the destitute * Cities of Refuge, places of refuge in ancient Judea ...

or a grant of withholding of removal under 8 U.S.C. § 1231(b)(3)(B). ("Paragraph (1) shall not apply to an

alien Alien primarily refers to: * Alien (law), a person in a country who is not a national of that country ** Enemy alien, the above in times of war * Extraterrestrial life, life which does not originate from Earth ** Specifically, intelligent extrater ...

if the

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

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 most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...

, including

statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

and latest

published Publishing is the activity of making information, literature, music, software and other content available to the public for sale or for free. Traditionally, the term refers to the creation and distribution of printed works, such as books, newsp ...

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 l ...

.'' {{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