Law Commons^™

Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins

Washington and Lee Law Review

No abstract provided.

Street Children And U.S. Immigration Law: What Should Be Done, Laura P. Wexler

Cornell International Law Journal

No abstract provided.

The Terrorism Exception To Asylum: Managing The Uncertainty In Status Determination, Won Kidane

University of Michigan Journal of Law Reform

The Immigration and Nationality Act ("INA "), as it must, excludes a terrorist from receiving asylum. The substantive criteria and the adjudicative procedures set forth under the INA for the identification of the undeserving terrorist inevitably exclude those who are neither terrorists nor otherwise undeserving. Such unintended consequences are perhaps unavoidable in any well-conceived statutory scheme. What is disconcerting is, however the margin of the possible error in the application of this statutory scheme. Those who may be excluded by the application of these provisions are often not those who are supposed to be excluded as terrorists. Moreover, the existing …

Defining A Core Zone Of Protection In Asylum Law: Refocusing The Analysis Of Membership In A Particular Social Group To Utilize Both The Social Visibility And Group Immutability Component Approaches., Stanley Dale Radtke

Stanley Dale Radtke, Esq.

The current analytical approach employed in assessing the merits of a new and novel claim for asylum, based upon “membership in a particular social group,” looks to define an outer boundary, or attempts to draw a bright-line rule where relief is granted or denied. This line drawing approach has proven to be exceedingly difficult in practice, as there currently is no agreed upon definition of what constitutes membership in a particular social group, let alone an agreed upon test for evaluating such a claim. By establishing such a core zone of protection, decision makers can feel secure in deciding the …

Material Support To Terrorists Or Terrorist Organizations: Asylum Seekers Walking The Relief Tightrope , Craig R. Novak

The Modern American

No abstract provided.

The Emerging Importance Of "Social Visibility" In Defining A Particular Social Group And Its Potential Impact On Asylum Claims Related To Sexual Orientation And Gender, Fatma E. Marouf

Scholarly Works

An emerging issue in U.S. asylum claims based on "membership in a particular social group" is the relevance of social visibility in determining whether such a group exists. Of the five protected grounds for asylum, "membership in a particular social group" has always generated the most debate. In 2002, the United Nations High Commissioner for Refugees (UNHCR) issued guidelines that present the "protected characteristic" and "social perception" approaches as alternative ways of establishing a particular social group, instructing States Parties to the 1951 Refugee Convention (the "Convention") to determine first if there is a protected characteristic and, only if no …

New Asylum Chance For Gay Egyptian, Arthur S. Leonard

Other Publications

No abstract provided.

Liars And Terrorists And Judges, Oh My: Moral Panic And The Symbolic Politics Of Appellate Review In Asylum Cases, Eric M. Fink

Eric M Fink

As part of the REAL ID Act, Congress amended the Immigration and Nationality Act to restrict judicial review of adverse credibility determinations by immigration judges. The change came in the wake of controversy of judicial reversals of adverse credibility determinations that the reviewing courts saw as inappropriately speculative and lacking in evidentiary support. Critics, including some appellate judges, have in turn alleged that the appellate courts have been insufficiently deferential to the factual determinations of Immigration Judges (IJs) and the BIA.

This paper examines the argument offered in support of limiting judicial review in this area, and provides an empirical …