Court of Appeals for the Second Circuit July 9, 2008, Docket 05-3249-ag (Nethagani v. Mukasey)

DENNIS JACOBS, Chief Judge:

The Immigration and Nationality Act bars the grant of asylum or withholding of removal to an alien whom the Attorney General “determines” or “decides” has “been convicted by a final judgment of a particularly serious crime.” 8 U.S.C. §§ 1158(b)(2) (A)(ii) (asylum); 1231(b)(3)(B)(ii) (withholding).