Gao v. Holder

Disclosure: Howe & Russell and Akin Gump represent the petitioner in this case.

Issue: 1) Whether the category of “particularly serious crimes”? is limited to “aggravated felonies”? under 8 U.S.C. § 1231(b)(3)(B)(ii) and 8 U.S.C. § 1158(b)(2)(A)(ii) with the sole exception that – with respect to asylum – the Attorney General may “designate"? additional offenses “by regulation”?; and 2) whether the government must make an individualized determination that an individual poses “a danger to the community”? before denying her withholding of removal or asylum under 8 U.S.C. § 1231(b)(3)(B) (for withholding) or 8 U.S.C. § 1158(b)(2)(A)(ii) (for asylum).