Matter of Carballe
Board of Immigration Appeals
19 I & N Dec. 357 (1986)
Carballe (defendant), a Cuban citizen who legally immigrated in 1980, was convicted in 1983 of armed robbery, attempted armed robbery, and grand theft, receiving a 15-year sentence; at his immigration hearing, he sought asylum and withholding of deportation, testifying he'd be persecuted in Cuba both for being an early asylum-seeker at the Peruvian embassy and because of his robbery convictions. The immigration judge denied asylum and found him ineligible for withholding of deportation, concluding he'd committed a particularly serious crime constituting a danger to the community.
Whether an immigration judge must make a separate finding that an alien is a danger to the community in order to find that alien ineligible for withholding of deportation because he committed a particularly serious crime.