Delgado v. Holder, 563 F.3d 863 (9th Cir. Apr. 17, 2009) (superseding earlier opinion, 546 F.3d 1017 (9th Cir. October 8, 2008) ("Although the Convention did not define "particularly serious crime," it did create another exception for aliens who had committed a "serious nonpolitical crime" outside of the country of refuge. Convention, art. 1.F.b. As the BIA has stated, "it should be clear that a particularly serious crime is not the equivalent of a serious nonpolitical crime . Further, a particularly serious crime is more serious than a serious nonpolitical crime...." Frentescu, 18 I. & N. Dec. at 247. With reference to a "serious nonpolitical crime," the Handbook on Procedures and Criteria for Determining Refugee Status states that "a serious' crime must be a capital crime or a very grave punishable act." Handbook, 155, HCR/IP/4/ENG/REV.1 (Jan.1992).").

jurisdiction: 
Ninth Circuit

 

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