86 S. Cal. L. Rev. Postscript 1 (2013)

handle is hein.journals/pstscrpt85 and id is 1 raw text is: 











      RUNNING AFOUL OF THE NON-

      REFOULEMENT PRINCIPLE: THE

        [MIS]  INTERPRETATION AND

        [MIS]APPLICATION OF THE

     PARTICULARLY SERIOUS CRIME

                    EXCEPTION


                      DAVID DELGADO



                   TABLE OF CONTENTS
I. INTRODUCTION                      .........................................2
II. ORIGIN AND HISTORY OF THE NON-REFOULEMENT
     PRINCIPLE AND  THE PARTICULARLY  SERIOUS  CRIME
     EXCEPTION  IN ARTICLE 33 OF THE CONVENTION  AND
     INTERNATIONAL   LAW................................7
     A. BACKGROUND: HISTORY AND CONTEXT OF THE NON-
         REFOULEMENT PRINCIPLE AND ITS EXCEPTION IN THE
         CONVENTION          ......................................7
     B. UNDERSTANDING THE NON-REFOULEMENT PRINCIPLE AND
         ITS EXCEPTION: THE DELEGATE'S INTENT AND
         SUBSEQUENT INTERPRETATION IN INTERNATIONAL LAW ..........9
III. THE EVOLUTION OF THE PARTICULARLY  SERIOUS
     CRIME  EXCEPTION IN THE UNITED STATES .   ...........16
IV. DELGADO  V. HOLDER: A CASE STUDY OF THE
     PARTICULARLY   SERIOUS CRIME  EXCEPTION.................23

     * Class of 2013, University of Southern California Gould School of Law; B.A. Philosophy and
Political Science 2009, University of Southern California. Many thanks to Professor Niels Frenzen and
Elizabeth Henneke for their insight and help throughout the development of this Note and to the
members of the Southern California Law Review for their excellent editing. I want to specifically thank
my parents and family for their unwavering love and support.


1

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