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“Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Legal Standards and Sample Case Law Determinations

The Immigrant Defense Project (IDP) and the Crimmigration Clinic of the Harvard Law Immigration and Refugee Clinical Program (HIRCP) are excited to share our updated Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Legal Standards and Sample Case Law Determinations resource.  This is a resource for practitioners providing immigration representation for asylum or withholding of removal applications as well as for Padilla attorneys advising on criminal cases.  The previous version of this resource is from 2018.

The updated resource includes:

  • General overview of the current Particularly Serious Crime (PSC) – related legal standards, including how to analyze whether a non-U.S. conviction could be a PSC.
  • An updated chart documenting specific offenses that adjudicators have determined are or are not PSCs, based on case law from the Board of Immigration Appeals (“BIA”) and federal circuit courts. The last section summarizes those cases.=

 

Download: “Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Case Law Standards and Sample Determinations

KJ

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