Gao v. Holder
Certiorari Denied
Petition for certiorari denied on January 10, 2010.
Docket No.10-130
Op. Below4th Circuit
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).
Recommended Citation: Gao v. Holder, SCOTUSblog, https://www.scotusblog.com/cases/gao-v-holder/