crimmigration.com

The intersection of criminal law and immigration law

Archive

After regularly updating crimmigration.com from January 2009 until November 2022, I have stopped doing so. I hope you continue to benefit from the blog as an archive. For up-to-date information about my work, visit ccgarciahernandez.com. – César

  • Home
  • About César
  • Articles
  • Books
  • Talks & Media

BIA: Criminal courts decide if mental illness precludes dangerousness

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 [...]

Posted by César on August 14, 2014 on 4:00 am 1 Comment
Filed Under: Board of Immigration Appeals, particularly serious offense

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 [...]

Posted by César on January 4, 2011 on 10:00 am 4 Comments
Filed Under: particularly serious offense, U.S. Supreme Court

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 [...]

Posted by César on March 2, 2010 on 10:15 am 12 Comments
Filed Under: 4th Circuit Court of Appeals, particularly serious offense

Subscribe


Recent Posts

  • Pelosi attacker reportedly Canadian overstayer
  • Biden marijuana pardon meets immigration law & fizzles
  • California private prison ban is illegal, 9th Circuit says
  • Citizenship is complicated
  • Supreme Court says Biden can end MPP
  • Uvalde massacre & immigration law aid

Search

Social Media

Blawg 100 Honoree

The information contained on these pages must not be considered legal advice and does not create an attorney-client relationship. This work by www.crImmigration.com is licensed under a Creative Commons Attribution 4.0 International License.