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Articles 1 - 7 of 7
Full-Text Articles in Law
Foreclosing Asylum: “Neo-Refoulement” And The Ripple Effects Of U.S. Interdiction At Sea, Edgar Cruz
Foreclosing Asylum: “Neo-Refoulement” And The Ripple Effects Of U.S. Interdiction At Sea, Edgar Cruz
University of Miami International and Comparative Law Review
This Note argues that U.S. interdiction of asylum seekers at sea and the Migrant Protection Protocols (MPP) program undermine the object and purpose of international refugee law. The U.S. Government uses both practices to evade its international obligation of non-refoulement, or non-return. Such practices unjustly restrict access to asylum in the U.S. These policies can be characterized as tools of “neo-refoulement.” Neo-refoulement is a strategy used to foreclose the possibility of asylum. It allows States parties to the 1951 Refugee Convention to evade their international obligation to refrain from returning people to places where they may be at risk of …
We’Ll Protect You! Oh, Wait, But Not You. Or You, You, Or You: The Consequences Of The Court’S Major Undertaking In Department Of Homeland Security V. Thuraissigiam, Jae Lynn Huckaba
University of Miami Law Review
For centuries, the writ of habeas corpus has been used to test the legality of restraints on a person’s freedom. The Founders, recognizing the significance of the protection, incorporated the writ into the Suspension Clause of our Constitution. In the last century, the Supreme Court has repeatedly held that noncitizens may invoke the Suspension Clause. Courts, especially in the immigration context, also expanded the definition of “in custody” for the purpose of habeas corpus to included non-detained persons in removal proceedings. The Supreme Court has departed from such precedent and gave new meaning to habeas corpus in the immigration context—a …
Matter Of A-R-C-G- And Domestic Violence Asylum: A Glimmer Of Hope Amidst A Continuing Need For Reform, Caroline Mcgee
Matter Of A-R-C-G- And Domestic Violence Asylum: A Glimmer Of Hope Amidst A Continuing Need For Reform, Caroline Mcgee
University of Miami Law Review
In August 2014, the Board of Immigration Appeals (“BIA”) issued its first published decision recognizing domestic violence as a basis for asylum. In Matter of A-R-C-G-, the BIA held that a woman who had suffered horrific abuse at the hands of her husband in her native Guatemala qualified for asylum as a member of a particular social group. The landmark decision came after years of uncertainty regarding the viability of domestic violence asylum claims and fourteen years after the BIA had rejected domestic violence as a basis for asylum in Matter of R-A-. Parts I and II of this Comment …
Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron
Why Do You Persecute Me? Proving The Nexus Requirement For Asylum, Christian Cameron
University of Miami International and Comparative Law Review
No abstract provided.
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
University of Miami International and Comparative Law Review
No abstract provided.
Student Article: Immigration Law: A Call For Us Courts To Reevaluate Policy Considerations Regarding Female Genital Mutilation As A Justification For Asylum, Glennys E. Ortega Rubin
Student Article: Immigration Law: A Call For Us Courts To Reevaluate Policy Considerations Regarding Female Genital Mutilation As A Justification For Asylum, Glennys E. Ortega Rubin
University of Miami International and Comparative Law Review
No abstract provided.
Gonzalez Exrel. Gonzalez V. Reno. 212 F.3d 1338, Rehearing Denied, 215 F.3d 1243, Certiorari Denied, 120 S.Ct. 2737 (2000). U.S. Court Of Appeals For The Eleventh Circuit, June 1, 2000., David Abraham
Articles
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