Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Immigration Law

Catholic University Law Review

2017

Immigration and Nationality Act

Articles 1 - 2 of 2

Full-Text Articles in Law

Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D. Jun 2017

Forever Barred: Reinstated Removal Orders And The Right To Seek Asylum, Hillary Gaston Walsh, J.D.

Catholic University Law Review

Amid the largest refugee crisis in history, noncitizens fleeing persecution are routinely barred from applying for asylum in the United States solely because they have a reinstated order of removal. This bar to asylum access is mandated by federal regulation, and it applies indiscriminately—regardless of whether the asylum seeker was persecuted after her initial removal order was entered or whether her initial removal was based on one of the numerous, well-documented errors border patrol officers make when issuing removal orders.

This Article is the first academic piece to examine this regulation's statutory basis, including its legislative history and its troubling …


A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow Jan 2017

A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow

Catholic University Law Review

For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the elements needed …