Aggravated Felonies

(A) Conviction After a Grant of Asylum.  If a noncitizen is convicted of an aggravated felony (that also triggers inadmissibility) after a grant of asylum, but before adjusting status to that of a lawful permanent resident under INA § 209, a waiver of inadmissibility may be available under INA § 209(c).  A noncitizen’s asylee status may be terminated, and the noncitizen subsequently removed, if s/he is convicted of a “particularly serious crime.”[389]  If the asylee is in removal proceedings, the Immigration Judge has jurisdiction to grant the waiver and adjust the status of the asylee.[390]  The Immigration Judge also has jurisdiction to decide, as a matter of discretion, whether to terminate the asylee status and allow adjustment, or terminate status and order removal.[391]  Therefore, even if the asylee has been convicted of an aggravated felony or other “particularly serious crime,” s/he may still be able to adjust status under INA § 209.[392]

[389] 8 C.F.R. § § 1208.13(c)(2), 1208.24(a)(1), (2).

[390] Matter of KA, 23 I. & N. Dec. 661, 663-664 (BIA 2004).  A different rule applies to noncitizens who entered the United States as refugees.  See Matter of HN, 22 I. & N. Dec. 1039 (BIA 1999) (IJ has jurisdiction only after denial of adjustment by the agency).

[391] Matter of KA, 23 I. & N. Dec. at 664-666.  Note that a different rule applies to refugees. Matter of Smriko, 23 I. & N. Dec. 836 (BIA Nov. 10, 2005) (refugee may be placed in removal proceedings, and found removable, even though refugee status has not been terminated).

[392] Ibid.