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Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Apr 2012

Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner

University of Michigan Journal of Law Reform

Section 208(a) of the Immigration and Nationality Act provides that asylum may be granted to an applicant who meets the definition of a refugee-that is, someone who has been persecuted or has a well-founded fear of future persecution in her own country on account of race, religion, nationality, political opinion, or membership in a particular social group. Asylum is a discretionary form of relief which means that the United States government is not required to grant asylum to every refugee within the United States but instead may decide whether or not to do so. This Article sets out in Part …


The Meaning Of Nationality In The Recent Immigration Acts, Edwin D. Dickinson Apr 1925

The Meaning Of Nationality In The Recent Immigration Acts, Edwin D. Dickinson

Articles

Professor Dickinson's commentary on the quotas involved in the Immigration Act of 1921 and of 1924. "Until the more recent enactment the meaning of nationality was obscured in a curious ambiguity ... the Act of 1921 made nationality the basis of the quote plan....

"Whether nationality was used in the scientific sense, however, meaning the character created by allegiance to a recognized nation or state, or whether its significance was arbitrary, referring only to such groupings as might be arranged by census makers or other such administrative officials, remained to be determined by judicial construction."

Professor Dickinson then narrates how …