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Articles 1 - 9 of 9
Full-Text Articles in Law
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
Georgetown Law Faculty Publications and Other Works
The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed, leaves asylum …
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook
Michigan Journal of International Law
This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster
Michigan Journal of International Law
The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.
Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson
Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson
Michigan Journal of International Law
In this Article, we argue that the House of Lords' reasoning in Adan was seriously flawed. The House of Lords correctly recognized that evidence that minorities face a heightened risk of being persecuted can be sufficient to show a nexus to a Convention ground. Yet it erred when it went on to hold that only differentially at-risk individuals or groups can benefit from refugee status. If a person's risk of being persecuted is causally linked to his or her race, religion, nationality, membership of a particular social group, or political opinion, the nexus requirement is satisfied irrespective of whether the …
Using Immigration Law To Protect Human Rights: A Critique Of Recent Legislative Proposals, William J. Aceves, Paul L. Hoffman
Using Immigration Law To Protect Human Rights: A Critique Of Recent Legislative Proposals, William J. Aceves, Paul L. Hoffman
Michigan Journal of International Law
This Article critiques several legislative proposals that sought to impose immigration restrictions on serious human rights abusers. Part I provides a brief overview of the international restrictions on immigration relief. In particular, it focuses on those restrictions that limit immigration relief available to individuals who have committed serious human rights abuses. Part II then reviews the Immigration and Nationality Act (INA) and its restrictions on immigration relief. It also examines the federal agencies charged with investigating cases of serious human rights abusers in the United States. Part III describes recent legislative proposals that have sought to deny immigration relief to …
The Causal Nexus In International Refugee Law, James C. Hathaway
The Causal Nexus In International Refugee Law, James C. Hathaway
Articles
For all of its value as a critical mechanism of human rights protection, international refugee law is not an all-encompassing remedy. In at least two ways, the category of persons of concern to refugee law is significantly more narrow than the universe of victims of human rights abuse. First, only persons able somehow to leave their own country can be refugees. Alienage is a requirement for refugee status because of concerns about the limits of international resources and the potential for responsibility-shifting, as well as in recognition of the fundamental constraints which sovereignty still places on meaningful intervention by the …
Refugee Law Is Not Immigration Law, James C. Hathaway
Refugee Law Is Not Immigration Law, James C. Hathaway
Articles
The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
We simply cannot afford to sell out the future of refugee protection in a hasty bid to establish something that looks, more or less, like an oversight mechanism for the Refugee Convention.