CARBALLE

Citations

• 19 I. & N. Dec. 357

Syllabus

CARBALLE, 19 I&N Dec. 357 (BIA 1986) ID 3007 (PDF) (1) An alien is barred from the relief of withholding of deportation if he, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of theUnited States. (2) Once a finding is made that an alien has been finally convicted of a particularly serious crime, it necessarily follows that the alien is a danger to the community of the United States. (3) Because the proper focus is on the serious nature of the crime and not on the likelihood of future serious misconduct on the part of the alien, the contention that the statute requires twoseparate and distinct findings as to \seriousness of the crime\ and \danger to the community\ is rejected. (4) If an applicant is statutorily ineligible for withholding of deportation because he is a danger to the community of the United States, having been finally convicted of an inherently particularlyserious crime, e.g., armed robbery, background evidence including the circumstances of the crime is not relevant to the determination of statutory eligibility.