The Board of Immigration Appeals held that a migrant’s mental illness cannot preclude a finding that he was convicted of a particular serious crime. Matter of G-G-S-, 26 I&N Dec. 339 (BIA July 17, 2014) (Neal, Greer, and Kendall Clark, Board members). Board member Greer wrote the panel’s decision. This case involved a lawful permanent resident with a long-running history of paranoid schizophrenia who was convicted of assault with a deadly weapon, Cal. Penal Code § 245(a)(1). To increase the likelihood that he received a fair hearing, the immigration judge presiding over his removal case [...]
SCOTUS: Will it grant case about particularly serious crimes?
The Supreme Court will likely decide this week whether it will hear a case testing the limits of the “particularly serious crimes” bar to withholding of removal and asylum. At its first conference of the year, scheduled for January 7, the Court is expected to decide whether or not to grant cert on Gao v. Holder, No. 10-130. This case involves an LPR who was convicted of tax fraud and unlawful exporting of goods (computer microprocessors). Gao was placed into removal proceedings as a result of these two offenses. The IJ found that she was removable because these offenses constitute crimes [...]
4th Circuit: Crime may be a particularly serious offense even though it’s not an aggravated felony
In a decision published last week, the Fourth Circuit Court of Appeals held that a crime that is not an aggravated felony may nonetheless be considered a “particularly serious offense” or “particularly serious crime” (PSC) for purposes of Withholding of Removal and asylum eligibility. Gao v. Holder, No. 07-2070, slip. op (4th Cir. Feb. 23, 2010) (Traxler, Wilkinson, and Michael). The Fourth Circuit also held that a crime that is not a PSC on its face, may rise to the level of a PSC if it implicates national security. Judge Wilkinson wrote the panel’s unanimous opinion. This case concerns a [...]