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Full-Text Articles in Law
Gender-Based Religious Persecution, Pooja R. Dadhania
Gender-Based Religious Persecution, Pooja R. Dadhania
Faculty Scholarship
People fleeing gender-based violence in the home face an uphill battle when seeking asylum in the United States. Through the lens of public and private spheres, this Article explores the underutilized religion ground for asylum for cases involving gender-based violence in the home—i.e., the private sphere. This Article argues that if an individual imposes a patriarchal practice on an asylum seeker in the private sphere and justifies that practice using religion, the asylum seeker’s resistance to that practice should constitute religious expression.
The religion ground protects individuals who are persecuted because of their religious beliefs and religious expression. It typically …
The Changing Landscape Of Asylum And Refugee Laws And Human Rights: The Diminishing Role Of The United States, Florence Shu-Acquaye
The Changing Landscape Of Asylum And Refugee Laws And Human Rights: The Diminishing Role Of The United States, Florence Shu-Acquaye
Faculty Scholarship
No abstract provided.
Unrwa And Palestine Refugees, Susan M. Akram
Unrwa And Palestine Refugees, Susan M. Akram
Faculty Scholarship
This chapter studies the relationship between Palestinian refugees and the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). UNRWA’s role is to provide humanitarian ‘relief’ and to provide economic opportunities—‘works’—for refugees in the areas of major displacement: the West Bank, Gaza, Syria, Jordan, and Lebanon. Initially, the definition of Palestine refugee for UNRWA’s purposes was a sub-category of the United Nations Conciliation Commission on Palestine definition for purposes of relief provision, but it also included other categories of persons displaced from later conflicts. Following the passage of the Convention on the Reduction of Statelessness, the …
The Boston Medical Center Immigrant Task Force: An Alternative To Teaching Immigration Law To Health Care Providers, Sondra S. Crosby, Lily Sonis, George J. Annas
The Boston Medical Center Immigrant Task Force: An Alternative To Teaching Immigration Law To Health Care Providers, Sondra S. Crosby, Lily Sonis, George J. Annas
Faculty Scholarship
As healthcare providers engage in the politics of reforming and humanizing our immigration and asylum “system” it is critical that they are able to refer their patients whose health is directly impacted by our immigration laws and policies to experts who can help them navigate the system and obtain the healthcare they need.
Paper Terrorists: Independence Movements And The Terrorism Bar, Pooja R. Dadhania
Paper Terrorists: Independence Movements And The Terrorism Bar, Pooja R. Dadhania
Faculty Scholarship
This Article explores the application of the terrorism bar in immigration law to noncitizens who have participated in an independence movement. It proposes a uniform standard that immigration adjudicators can use to determine whether a foreign entity is a state in order to promote accurate applications of the terrorism bar. The terrorism bar in the Immigration and Nationality Act is broad — it can bar most forms of immigration relief, including asylum, and reaches far beyond ordinary definitions of terrorism. For example, the terrorism bar can block immigration relief for noncitizens who nonviolently supported a militia fighting for independence against …
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
Faculty Scholarship
The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …
Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore
Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore
Faculty Scholarship
The blog post reviews are very recent Ninth Circuit case, Thuraissigiam, which holds that “asylum seekers facing deportation have the right to challenge the summary denial of their asylum claims in federal court". The ruling in Thuraissigiam applies to individuals who have failed to establish a “credible fear of persecution” in expedited removal proceedings conducted at the border.
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Faculty Scholarship
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt
The Mirror Image Of Asylums And Prisons, Sacha Raoult, Bernard E. Harcourt
Faculty Scholarship
This article analyzes trends in prison rates and mental hospital rates in France since the earliest available statistics. It shows that, on almost two centuries of data and amidst an agitated political history, every asylum trend in France is "countered" by an inverse prison trend, and vice-versa. Both trends are like a mirror image of each other. We reflect on the possible explanations for this intriguing fact and show that the most obvious ones (a population transfer or a building transfer) are not able to account for most of the relationship. After these explanations have been dismissed, we are left …
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Rodriguez
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner Rodriguez
Faculty Scholarship
No abstract provided.
On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt
On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt
Faculty Scholarship
In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …
An Offer Of Firm Resettlement, Robert D. Sloane
An Offer Of Firm Resettlement, Robert D. Sloane
Faculty Scholarship
The Attorney General lacks discretion to grant asylum to any refugee "if, prior to arrival in the United States, he or she entered into another nation with, or while in that nation received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement." This rule, the doctrine of firm resettlement, is unique among the mandatory bars to asylum in the United States. It does not reflect a societal judgment about the moral fitness of an asylum applicant's character-as, for example, does the bar that prohibits granting asylum to persons with a history of violent criminal behavior. …
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …