Aggravated Felonies

In Asylum and Withholding of Removal cases, Immigration Courts have previously held that “the essential key” in determining whether an offense is particularly serious is whether it indicates that a noncitizen poses a danger to the community.

Under the Immigration and Nationality Act (“INA”), asylum and withholding of removal are unavailable to a non-citizen who, “having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States.”