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- Keyword
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- Immigration; Immigration Detention; Transfer; Custody; Immigration and Customs Enforcement; Agency; Noncitizen; Deportation; Freedom of Information Act; Archipelago; Asylum; Notice to Appear; Executive Office for Immigration Review; Board of Immigration Appeals; Department of Homeland Security; Immigration and Naturalization Service; Immigration and Nationality Act; Intergovernmental Service Agreement; Bond; Parole; Representation; Community; Rumsfeld v. Padilla; Legal Cynicism; Inter-American Commission on Human Rights; Jurisdiction; Hunger Strike; Performance-Based National Detention Standards (1)
- Particular Social Group; Board of Immigration Appeals; Asyum Seeker; Gang Members; Immutability; Immigration; Non-citizen; Persecuted; Persecution; Deportation; Immigration and Nationality Act; Matter of Acosta; Amaya v. Rosen; MS-13; Refugee Act of 1980; Chevron U.S.A.; Inc. v. Natural Resources Defense Council; Social Visibility; Particularity; Matter of C-A; Matter of A-M-E & J-G-U; Northern Triangle; Matter of A-R-C-G-; Gatimi v. Holder; Valdiviezo-Galdamez v. Attorney General of the United States; Valdiviezo-Galdamez; Immigration and Customs Enforcement; Border Protection; Anti-terrorism and Illegal Immigration Control Act of 2005 (1)
- Tripartite Analysis; Asylum (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Journal of Law and Policy
This Note discusses the flaws in the tripartite analysis to determine whether an asylum seeker satisfies the protected ground of “membership in a ‘particular social group’” (“PSG”). An applicant seeking a PSG determination must prove: (1) “immutability,” (2) “social distinction,” and (3) “particularity.” This Note argues that when PSG asylum claims are denied and appealed to the Board of Immigration Appeals (“BIA”), the BIA has incoherently tangled what is actually required in order to compel an affirmative PSG determination. One group of asylum seekers that has been significantly disadvantaged by this tripartite test is former gang members. This Note argues …
Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla
Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla
Journal of Law and Policy
This article examines transfers as an understudied but critical dimension of the immigration detention system. Transfers regularly take detainees in immigration custody from public to private facilities, across state lines, and beyond the jurisdiction of individual courts. Immigration and Customs Enforcement (“ICE”) has virtually unlimited authority to use transfers strategically to further agency goals of immigration enforcement. For individual detainees, transfers shape outcomes in their immigration cases. Noncitizens are regularly funneled into detention centers in legal jurisdictions generally hostile to claims for relief. Transfers also regularly send detainees to facilities in isolated, rural communities, where they are more likely to …