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NETHAGANI v. MUKASEY

Docket No. 05-3249-ag.

532 F.3d 150 (2008)

Khalid NETHAGANI, Petitioner, v. Michael B. MUKASEY, Attorney General of The United States of America, William Cleary, Field Director, Buffalo Detention and Removal Office, Department of Homeland Security, Respondents.

United States Court of Appeals, Second Circuit.

Decided: July 9, 2008.

Attorney(s) appearing for the Case

Gerald P. Seipp, Clearwater, FL for Petitioner.

Zoe J. Heller, Trial Attorney, Office of Immigration Litigation (Gail Y. Mitchell, Assistant United States Attorney, for Terrance P. Flynn, United States Attorney, Western District of New York, Buffalo, NY, on the brief) for Respondents.

Before: JACOBS, Chief Judge, STRAUB, Circuit Judge, and JONES, District Judge.

DENNIS JACOBS, Chief Judge:

The Immigration and Nationality Act bars the grant of asylum or withholding of removal to an alien whom the Attorney General "determines" or "decides" has "been convicted by a final judgment of a particularly serious crime." 8 U.S.C. §§ 1158(b)(2)(A)(ii) (asylum); 1231(b)(3)(B)(ii) (withholding). Petitioner argues that only aggravated felonies qualify as "particularly serious crime[s]" within the meaning of those subsections....

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