Monday, October 25, 2021

The Accused Philadelphia Rapist and 'Particularly Serious Crimes'

Grants of statutory withholding only follow an order of removal, and aliens granted withholding of removal are not placed on a path to a green card or citizenship.

Statutory withholding only protects the alien from being removed from the country or countries from which removal is withheld; those aliens can still be removed if a country can be found to take them, but they only rarely are removed.

Why would an alien apply for statutory withholding then? Because the alien is barred from asylum for some reason.

Aliens are statutorily barred from receiving asylum if they have been convicted by final judgment of a particularly serious crime, including an aggravated felony.

Aliens are barred from statutory withholding if they have been convicted of a particularly serious crime, but only an aggravated felony or felonies for which the alien has been sentenced to five years or more in a particularly serious crime by law.

If the United States remains a contracting state to the Refugee Convention, alien criminals will be eligible to apply for statutory withholding, and CAT, too.

The UN Torture Convention extends protection to all who meet the statutory requirements for it, regardless of whether the alien is a terrorist, and regardless of the crimes that alien has committed.

https://cis.org/Arthur/Accused-Philadelphia-Rapist-and-Particularly-Serious-Crimes 

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