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The Toll Paid When Adjudicators Err: Reforming Appellate Review Standards For Refugees, Charles Shane Ellison
The Toll Paid When Adjudicators Err: Reforming Appellate Review Standards For Refugees, Charles Shane Ellison
Faculty Scholarship
Deep, variegated, and unresolved tensions run between and within the U.S. courts of appeals’ standard of review classifications of the five core elements of the refugee definition. Several circuits have taken note of their dissonant jurisprudence, calling for either en banc or Supreme Court intervention. While existing scholarship raises cogent criticisms of excessive factual deference in U.S. immigration adjudications, very little attention has been paid to how the fact-law divide regarding the refugee definition maps onto review standards in the appellate context. This dearth of scholarly consideration is accompanied by the reality that standards of review often decide cases where …
Citizenship Disparities, Emily Ryo, Reed Humphrey
Citizenship Disparities, Emily Ryo, Reed Humphrey
Faculty Scholarship
No abstract provided.