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Articles 1 - 7 of 7
Full-Text Articles in Law
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
San Diego International Law Journal
Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …
American Refugees And Asylum Seekers In Canada, Todd W. Zabel
American Refugees And Asylum Seekers In Canada, Todd W. Zabel
ExpressO
American Soldier, Jeremy Hinzman, deserted his Iraq bound unit in 2003 and fled to Canada where he now seeks asylum with his wife and young son. The legal implications of his case are explored against the background of the American and Canadian political landscapes. The Canadian Court’s ultimate denial of his application evidences sweeping changes in Canada’s approach to International Law.
Seeking Asylum In A Hostile System: The Seventh Circuit Reverses To Confront A Broken Process, John R. Floss
Seeking Asylum In A Hostile System: The Seventh Circuit Reverses To Confront A Broken Process, John R. Floss
Seventh Circuit Review
The adjudication of asylum applications is of vital importance to refugees seeking safe haven within the United States and is often a matter of life or death. However, in its current term, the Seventh Circuit reversed the asylum decisions of immigration judges and the Board of Immigration Appeals in approximately two-thirds of its published opinions. Many of these reversals can be traced to unsupported subjective assessments performed by immigration judges. Blame may also lie with the Board of Immigration Appeals, the Department of Justice, and the Department of Homeland Security. Although the Seventh Circuit identified several noticeable and repetitive problems, …
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
More Than Mere Semantics: The Case For An Expansive Definition Of Persecution In Sexual Minority Asylum Claims, Monica Saxena
More Than Mere Semantics: The Case For An Expansive Definition Of Persecution In Sexual Minority Asylum Claims, Monica Saxena
Michigan Journal of Gender & Law
This Article asserts that the requirement in U.S. asylum law that requires an asylee to make a showing of persecutory intent is overly and especially restrictive in claims made by sexual minorities. This Article proposes that the U.S. adopt the asylum standards of New Zealand and Canada, where the focus is on the failure of government protection as opposed to a focus on persecutory intent. Such standards are consistent with both the realities of persecution that sexual minorities encounter and the original impetus behind the Refugee Convention. Part I examines the different forms of persecution against sexual minorities. Part II …
Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway
Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway
Articles
Governments in all parts of the world are withdrawing in practice from meeting the legal duty to provide refugees with the protection they require. While states continue to proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, many appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source of enhanced operational flexibility in the face of changed political circumstances. For refugees themselves, however, the increasingly marginal relevance of international refugee law has …
Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa Cianciarulo
Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa Cianciarulo
Marisa S. Cianciarulo
The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the …