Does the withholding of removal statute allow the Attorney General to designate crimes such as assault as particularly particularly serious even if they are not aggravated felonies?

MultiRegion, United States of America

The following excerpt is from Blandino-Medina v. Holder, 712 F.3d 1338 (9th Cir. 2013):

We noted in Delgado v. Holder that [t]here is little question that [the asylum] provision permits the Attorney General, by regulation, to make particular crimes categorically particularly serious even though they are not aggravated felonies. 648 F.3d 1095, 1106 (9th Cir.2011) (en banc) (emphasis in original). However, the withholding of removal statute is notably missing an analogue provision permitting the Attorney General to designate crimes as categorically particularly serious even if they are not aggravated felonies for which the defendant has received a sentence of at least five years.

Other Questions


Does the Attorney General have the authority to designate a particularly serious crime as a crime? (MultiRegion, United States of America)
What is the test for withholding the removal of a person convicted of a particularly serious crime? (MultiRegion, United States of America)
What is the impact of a particularly serious crime conviction on an application for asylum and withholding removal? (MultiRegion, United States of America)
Can a defendant who has been convicted of an aggravated felony apply for a waiver of inadmissibility from the Attorney General? (MultiRegion, United States of America)
Does the Attorney General have authority to suspend or adjust the status of a deportable alien based on an aggravated felony or narcotics conviction? (MultiRegion, United States of America)
Is Attorney-General for Canada Attorney General for Canada legal? (Canada (Federal), Canada)
Does a reference to Attorney General need to be included in the definition of the Attorney General? (MultiRegion, United States of America)
Does Attorney-General for Canada have to be Attorney General for Canada? (Canada (Federal), Canada)
Is a criminal conviction a crime of violence and therefore an aggravated felony rendering an alien removable? (MultiRegion, United States of America)
How have the courts dealt with a motion to dismiss a removal order brought by a defendant who mistakenly concluded that a Section 11379.6 assault was an aggravated felony? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.