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CA3 on 'Particularly Serious Crime' - Flores v. Atty. Gen.

May 09, 2017 (1 min read)

Flores v. Atty. Gen., May 8, 2017 - "Patricia Flores, a native and citizen of Guatemala, seeks review of a decision by the Board of Immigration Appeals (“BIA”) that found her ineligible for withholding of removal because she had been convicted of a “particularly serious crime” — namely, she was convicted of accessory after the fact in South Carolina for witnessing, but failing to report, a murder. Flores now petitions for review, contending that her South Carolina conviction does not constitute a “particularly serious crime” under our decision in Denis v. Attorney General, and that she should therefore be eligible for withholding of removal. We agree. Because Flores’s South Carolina accessory-after-the-fact conviction is not an offense “relating to obstruction of justice,” it cannot be considered either an “aggravated felony” or a “particularly serious crime” under the Immigration and Nationality Act (“INA”). Accordingly, Flores is eligible for withholding of removal."

[Hats off to Marcia Kasdan!]