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Matter of R-A-M-, 25 I&N Dec. 657 (BIA 2012) Interim Decision #3736

Matter of R-A-M-, 25 I&N Dec. 657 (BIA 2012) Interim Decision #3736 - The respondent’s conviction for possession of child pornography is for a particularly serious crime under section 241(b)(3)(B)(ii) of the Immigration and Nationality Act, 8U.S.C. § 1231(b)(3)(B)(ii) (2006), based on...

BIA Applies Brand X: Matter of M-H-, ID3772

The holding in Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007), that an offense need not be an aggravated felony to be considered a particularly serious crime for purposes of barring asylum or withholding of removal, should be applied to cases within the jurisdiction of the United States Court of Appeals...

CA9 on 'Particularly Serious Crime' - Alphonsus v. Holder

"Anthony Aloysius Alphonsus petitions for review of a BIA decision ordering him removed to his native Bangladesh. The BIA affirmed the immigration judge’s (“IJ”) determination that Alphonsus is ineligible for withholding of removal and withholding under the Convention Against Torture...

CA9 on 'Particularly Serious Crime' - Blandino-Medina v. Holder

"We affirm the BIA’s decision concerning withholding of removal pursuant to the CAT, but vacate its decision holding that Blandino’s conviction under [Cal. Penal Code] Section 288(a) is a particularly serious crime per se , and remand to the BIA to consider the circumstances of the offense...

BIA (unpub.) on Duress, Particularly Serious Crime

Jon Bauer writes: "I'm pleased to attach this decision recently issued by the Board of Immigration Appeals in a case handled by the Asylum and Human Rights Clinic at the University of Connecticut School of Law. Our client is a longtime U.S. permanent resident from Zimbabwe whose father was a...

BIA on 'Particularly Serious Crime' - Matter of G-G-S-, Int. Dec. 3806

"An alien’s mental health as a factor in a criminal act falls within the province of the criminal courts and is not considered in assessing whether the alien was convicted of a “particularly serious crime” for immigration purposes." - Matter of G-G-S-, July 17, 2014 .

When is a DUI 'Particularly Serious?' - Alicia Triche

"Under Section 241(b)(3) of the U.S. Immigration and Nationality Act [INA], a refugee cannot be removed to a country where there is a “clear probability” persecution will occur. However, this relief, called “withholding of removal,” is pretermitted where “the alien...

CA1 on 'Particularly Serious Crime' - Velerio-Ramirez v. Lynch

Velerio-Ramirez v. Lynch, Dec. 11, 2015 - "Inconsistent characterization of the governing law by the immigration authorities and insufficient analysis by the Board of Immigration Appeals ("BIA") lead us, in an abundance of caution, to remand this petition to the BIA. ... we remand to the...