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Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Golden Gate University Law Review
This Comment explores the different interpretations of the "persecutor bar" among the circuits and proposes an exception for those who have persecuted others while under duress. Part I begins with the background and policy reasons behind the establishment of the persecutor bar, including the split in the courts as to how to interpret it and whether to allow the defense of duress. Part II focuses on Justice Scalia's concurring opinion in Negusie v. Holder, which summarizes and explains the arguments supporting an absolute persecutor bar. Justice Scalia posited that duress is not a defense against harming others, that asylum is …
Taking The Square Peg Out Of The Round Hole: Addressing The Misclassification Of Transgendered Asylum Seekers, Ellen A. Jenkins
Taking The Square Peg Out Of The Round Hole: Addressing The Misclassification Of Transgendered Asylum Seekers, Ellen A. Jenkins
Golden Gate University Law Review
Part I provides the basic definitions and understandings this Comment will adopt within the transgender paradigm and provides an overview of United States asylum procedures and the immigration court structure. Part II discusses asylum applications based on sexual orientation and will address how subsequent cases have erroneously applied this social group to transgender applicants. Part II further highlights examples of adjudicatory issues that transgender asylum seekers may face as a result of not identifying as homosexual. Part III showcases the recognition and protection afforded to transgender plaintiffs in pivotal civil discrimination cases and, as a result, how their rights have …
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 …
Ambiguity Equals Authority: The Immigration And Naturalization Service's Response In The Elian Gonzalez Case, Melissa Leavister
Ambiguity Equals Authority: The Immigration And Naturalization Service's Response In The Elian Gonzalez Case, Melissa Leavister
Golden Gate University Law Review
At first glance, the case of Gonzalez v. Reno is about a six-year-old boy caught in the midst of an international custody battle between his father in Cuba and his uncle in the United States. However, the case of Gonzalez v. Reno is basically a test of the separation of powers between the judicial, executive, and legislative branches of the federal government. The Background of this Note will explore Cuba's recent history with foreign powers. A better understanding of this history and a look at how Fidel Castro, Cuba's current leader, came to power will shed light on why many …
The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett
The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett
Golden Gate University Law Review
This note will discuss the history of sexual orientation-based asylum law. Further, it will outline the statutory requirements for asylum, explain the legal procedure of gaining asylum, and discuss the case law recognition of lesbians and gay men as "a particular social group." In addition, it will address the standards and definitions of persecution.
Immigration Law, Louise E. Garrison, Jimmy L. Hom
Immigration Law, Louise E. Garrison, Jimmy L. Hom
Golden Gate University Law Review
No abstract provided.
Immigration Law, Maureen A. Monaghan, Jean Vieth
Immigration Law, Maureen A. Monaghan, Jean Vieth
Golden Gate University Law Review
No abstract provided.
Immigration Law, Kathryn L. Anderson
Immigration Law, Kathryn L. Anderson
Golden Gate University Law Review
No abstract provided.