Asylum case settles, cert not needed

Friday, parties in the case of Ali v. Achim, which was granted cert in September, notified the U.S. Supreme Court that its services won’t be needed after all – the case has been settled and will be voluntarily dismissed. [See the Lawyers USA summary of the case here].

This means the Court will have to wait for another day and controversy to arise before it can answer the question presented: whether a federal court can determine that an offense that is not an aggravated felony is still a “particularly serious crime” that bars a defendant’s eligibility for withholding of removal?

The defendant was a Somali refugee whose “no contest” plea to a battery charge resulted in the loss of his asylum.

SCOTUSBlog’s got the motion for voluntary dismissal here.


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