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Barring Too Much: An Argument In Favor Of Interpreting The Immigration And Nationality Act Section 101(A)(42) To Include A Duress Exception, Nicole Lerescu
Barring Too Much: An Argument In Favor Of Interpreting The Immigration And Nationality Act Section 101(A)(42) To Include A Duress Exception, Nicole Lerescu
Vanderbilt Law Review
The asylum system is in disarray. The United States is unable to guarantee that every asylum seeker will receive a fair and impartial hearing. Although media attention recently has focused on the asylum system's procedural flaws, unjust statutory interpretations also work against those seeking refuge in the United States. This Note focuses on one particular example within this commonly criticized area of the law: the prevailing interpretation of section 101(a)(42) of the Immigration and Nationality Act to bar those who have persecuted others under duress from attaining refugee status.
It is intuitively appealing that a system of laws should hold …