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What Is A Particularly Serious Crime In Immigration?

What Is A Particularly Serious Crime In Immigration?

A “particularly serious crime” is a term used in U.S. immigration law to describe certain offenses that can result in the deportation of a non-citizen, even if they have been lawfully present in the United States for many years. The term “particularly serious crime” is not defined by statute, but it has been interpreted by courts to include offenses that involve:

  1. Aggravated felonies: Certain offenses, such as murder, rape, and drug trafficking, are considered aggravated felonies under immigration law and can result in deportation.
  2. Crimes of moral turpitude: These are offenses that involve dishonesty, fraud, or other forms of moral wrongdoing. Examples include theft, forgery, and certain types of fraud.
  3. Controlled substance offenses: Offenses related to manufacturing, distributing, or possessing controlled substances can be considered particularly serious crimes.

If an immigrant is convicted of a particularly serious crime, they may be ineligible for many forms of relief from deportation and may be subject to mandatory detention. It’s important to note that the determination of whether a crime is particularly serious is made on a case-by-case basis, taking into account the specific circumstances of the offense and the individual’s immigration history. If you’re facing allegations of a particularly serious crime, it’s important to speak with an experienced immigration attorney to understand your legal options and potential consequences.