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When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo
When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo
Golden Gate University Law Review
This Comment focuses on the need for statutory change in order to address the policy concerns of family unity and to protect asylee children. Part I looks at how the current state of immigration law stands in relation to derivative asylum claims. Part II examines how courts have interpreted current asylum law and the inconsistency and shortcomings of such judicial interpretations. Part III examines policy concerns associated with the child-parent derivative asylum issue, specifically family unity and practical child protection. Finally, Part IV makes two recommendations: 1) legislative change to current asylum law to allow derivative relief for parents of …
Asylum For A Minor Child Of Persecuted Parents In Zhang V. Gonzales, Roxana M. Smith
Asylum For A Minor Child Of Persecuted Parents In Zhang V. Gonzales, Roxana M. Smith
Golden Gate University Law Review
In Zhang v. Gonzales, the Ninth Circuit considered for the first time whether an unaccompanied minor child of a parent who was forcibly sterilized should be automatically eligible to apply for asylum. Deferring to the statutory interpretation adopted by the Board of Immigration Appeals ("BIA"), the court found against the child. The court's opinion retreated from earlier dictum suggesting that the refugee statute could reasonably be extended to grant automatic eligibility to a child. However, the court went on to hold that the parents' political opinion - in the form of resistance to coercive population controls - could still be …