Law Commons^™

The Gangs Of Asylum, Linda K. Hill

Georgia Law Review

Should immigrants fleeing gang violence be entitled to
refuge in the United States? Today, the response of most
U.S. courts is "no." The principal means by which an
individual fleeing his home country seeks safety in the
United States is by qualifying for asylum or withholding
of removal. Notwithstanding some critical distinctions
between asylum and withholding of removal, each
protection requires a claimant to demonstrate his fear of

persecution is on account of race, religion, nationality,
membership in a particular social group or political
opinion. Yet rather than evaluating gang-based claims
upon existing refugee standards, the courts are
manipulating the …

Immigration And Civil Rights: State And Local Efforts To Regulate Immigration, Kevin R. Johnson

Georgia Law Review

This Essay explains why U.S. immigration law and
enforcement raises some of the nation's most pressing civil
rights concerns of the twenty-first century. First,
immigration and immigration enforcement implicate a
greater diversity of "people of color," including people of
Latina/o and Asian ancestry, than that encapsulated by
the Black/white paradigm that historically has
dominated thinking about civil rights in the United
States. Second, immigration enforcement implicates civil
rights concerns different in kind than those raised by the
monumental efforts to dismantle Jim Crow and
desegregate American social life, which constituted the
long and hard-fought civil rights achievement of the
twentieth …

Runaway Usance: Limiting The Exercise Of The Fugitive Disentitlement Doctrine In The Context Of Wenqin Sun V. Mukasey And Bright V. Holder, Lawrence S. Winsor

Georgia Law Review

The fugitive disentitlement doctrine prevents an evasive
party from obtaining standing in the court whose
authority is evaded. With its 2011 decision in Bright v.
Holder, the Fifth Circuit Court of Appeals created a circuit
split regarding whether the fugitive disentitlement
doctrine applies to an alien appealing an adverse
immigration decision that maintained the same address
throughout removal proceedings, this address was known
to the Department of Homeland Security (DHS), and DHS
made no attempt to locate or arrest the alien for failure to
report for removal. Unlike the Ninth Circuit Court of
Appeals' decision in Wenqin Sun v. Mukasey, …