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Criminal Procedure

2017

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Redefining Particularly Serious Crimes In Refugee Law Dec 2016

Redefining Particularly Serious Crimes In Refugee Law

Mary Holper

This article explores the term “particularly serious crime (“PSC”),” which is a bar to refugee protection under both U.S. and international law. I examine the evolution of the PSC bar to refugee protection in U.S. law, which, since its introduction in 1980, has broadened to sweep in numerous crimes, leaving many noncitizens vulnerable to deportation without any consideration of their claims to refugee protection. I propose a PSC definition that includes only violent crimes, i.e., those involving actual or threatened physical injury to a person, where the noncitizen served a significant sentence, i.e., five years. The PSC bar exists to …