Wednesday, June 28, 2017

Immigration Article of the Day: A Particularly Serious Exception to the Categorical Approach by Fatma Marouf

Fatma-marouf-website

A Particularly Serious Exception to the Categorical Approach by Fatma Marouf

Abstract

A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote greater uniformity and provide the predictability necessary to make informed pleas. Recent Supreme Court decisions, as well as a 2015 opinion by the Attorney General, support this argument by stressing that the use of the word “convicted” in the Immigration and Nationality Act triggers a categorical analysis. Although the United Nations High Commissioner for Refugees has interpreted the particularly serious crime bar as requiring an individualized analysis, this Article argues that the categorical approach better protects the High Commissioner’s underlying concerns of consistency and fairness.

KJ

https://lawprofessors.typepad.com/immigration/2017/06/a-particularly-serious-exception-to-the-categorical-approach-by-fatma-marouf.html

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Comments

I think you mean in the first sentence that they cannot be deported.

Posted by: anon | Jun 29, 2017 7:59:31 AM

Actually, nevermind. I misread it. Sorry

Posted by: anon | Jun 29, 2017 8:14:45 AM

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Posted by: Yusuf Bitrus | Nov 13, 2017 12:25:01 AM

do u mean we cant be deported in the first sentence

Posted by: omo | Jan 10, 2018 6:00:17 PM

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Posted by: Source | Aug 5, 2018 5:18:44 PM

You mean they cannot be deported?

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I need more update on this article

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Posted by: Naijanewsgist | Dec 1, 2019 5:09:14 PM

There must be consistency and fairness in dealing with this kind of situation especially as regard "particularly serious crime"

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You mean they cannot be deported?

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