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Articles 1 - 10 of 10
Full-Text Articles in Law
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Scholarly Articles
Congress intended that the serious nonpolitical crime bar under United States asylum law have the same meaning and scope as the 1F(b) Refugee Convention exclusion clause. The Supreme Court has repeatedly held that it was the intent of Congress to not only replicate the language of the provisions of the Refugee Convention in United States law, but to incorporate the full extent of the meaning of such language and bring the United States into compliance with its treaty obligations. Accordingly, when Congress reproduced exactly the language of the Article 1F(b) exclusion clause in the INA, it intended for that provision …
A New Narrative Of Statelessness, David Baluarte
A New Narrative Of Statelessness, David Baluarte
Scholarly Articles
Statelessness: A Modern History by Dr. Mira Siegelberg offers a meticulous reconstruction of the varied contributions of artists, scholars, and policy makers to the understanding of statelessness in the years between the First and Second World Wars. Siegelberg situates statelessness in some of the most prominent debates about international law and relations in modern history, most notably whether the individual is an appropriate subject of international law and whether a political order beyond the confines of the nation-state is desirable.
The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja
The Fractured Colossus: An Evaluation Of Gender-Based Asylum Claims For The 2020s, Karlo Goronja
Washington and Lee Journal of Civil Rights and Social Justice
This Note analyzes asylum law’s lack of explicit protection for individuals who suffer persecution based on their gender, and the reluctance of immigration courts to grant asylum for claims centered on the applicant’s gender. This Note explores opportunities for relief from removal for gender-based asylum claims under the current framework, namely under the particular social group category of United States immigration law. After analysis under current law, this Note proposes a judicial resolution explicitly recognizing particular social groups such as “women from [country].” Next, a statutory of regulatory amendment is suggested that unequivocally allows for asylum claims on the basis …
Extraterritorial Rights In Border Enforcement, Fatma E. Marouf
Extraterritorial Rights In Border Enforcement, Fatma E. Marouf
Washington and Lee Law Review
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United States, or who are treated for legal purposes as being outside even if they have entered the country, can claim constitutional protections. This Article examines a small, but growing body of cases addressing these extraterritoriality issues in the border enforcement context, focusing on disparities in judicial analyses that have resulted in …
Protecting Stateless Refugees In The United States, David Baluarte
Protecting Stateless Refugees In The United States, David Baluarte
Scholarly Articles
This article proposes a more complete and nuanced consideration of statelessness in asylum adjudication procedures in the United States and the possibility of reopening previously denied asylum claims for this purpose. The article proceeds in four parts, beginning with a discussion of statelessness in the United States. Next, the article describes the international protection frameworks for both refugees and stateless persons and identifies important points of intersection between these frameworks. Then the article argues that discriminatory denationalization that renders a person stateless triggers refugee protection, thereby making victims of such deprivation eligible for asylum in the United States. The article …
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson
Washington and Lee Law Review
No abstract provided.
A Fine Line, Redefined: Moving Toward More Equitable Asylum Policies, Heather M. Kolinsky
A Fine Line, Redefined: Moving Toward More Equitable Asylum Policies, Heather M. Kolinsky
Scholarly Articles
This article is an exploration of the inequities that still remain in asylum claims, with particular reference to the experience of Chinese citizens seeking asylum and Cuban refugees.
Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins
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.
No Place To Go, No Story To Tell: The Missing Narratives Of The Sanctuary Movement, Teresa Godwin Phelps
No Place To Go, No Story To Tell: The Missing Narratives Of The Sanctuary Movement, Teresa Godwin Phelps
Washington and Lee Law Review
No abstract provided.
Bid For Freedom: U.S.S.R. V. Tarasov. C.L. Sareen., William P. Tedards, Jr.
Bid For Freedom: U.S.S.R. V. Tarasov. C.L. Sareen., William P. Tedards, Jr.
Washington and Lee Law Review
No abstract provided.