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Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
Political Asylum In The Ninth Circuit And The Case Of Elias-Zacarias, Bruce J. Einhorn
San Diego Law Review
During the height of the Central American civil wars of the 1980s, the Ninth Circuit Court of Appeals established liberal precedent for granting asylum under the Immigration and Nationality Act to deportable aliens who had been threatened for resisting government or guerrilla service in their native countries because of their political opinions (including neutrality), whether expressed, implied, or imputed to them by those who meant them harm. However, in INS v. Elias-Zacarias, the Supreme Court reversed the Ninth Circuit and stated that an asylum applicant's political opinion may not be imputed to him by the actions of his alleged persecutors. …
State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff
State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff
Michigan Journal of International Law
This paper will explore the international regime of refugee law, seeking to show how legal "solutions" to the "refugee problem" are profoundly state-centered. I will argue that discussions of "solutions" in refugee law and policy have taken a dramatic turn in recent years, replacing an exilic bias with a source-control bias. This new orientation focuses attention on countries of origin, supporting repatriation and human rights monitoring before and after return. I suggest that the shift in emphasis, albeit grounded in part in humanitarian concerns, presents real risks when realized within a system committed to the protection of human rights …