Law Commons^™

A Call For Refuge: The Case Of Forced Marriages, Emily A. Harrell

Emily A Harrell

This case note examines the ramifications of the Second Circuit Court of Appeal’s recent decision in Gao v. Gonzalez, 440 F.3d 62 (2d Cir. 2006), holding that women who were forced into marrying within a Chinese community where forced marriage was condoned and enforceable qualified as a “particular social group” eligible for asylum within the meaning of the Immigration and Nationality Act. Gao brings into question the position of the United States and the duties owed to refugees in such circumstances. This issue is particularly significant given the demonstrated concern for human rights as manifested by the United States accession …

Ij Bias: The Contamination Theory, Michael Yeong Joon Ko

Seventh Circuit Review

In the case of Apouviepseakoda v. Gonzales, the majority and the dissent of the Seventh Circuit heavily criticized the immigration judge’s behavior during the removal hearing. Yet, the majority seemed to go out of its way to affirm denial of asylum. The majority held that, although the IJ’s behavior during the asylum hearing was inappropriate, it did not amount to reversible error. The majority would reverse only if the IJ’s behavior were so inappropriate that it frazzled the asylum applicant or barred large portions of the applicant’s testimony. What this decision does not account for is the fact that …

Modern-Day Slavery And Cultural Bias: Proposals For Reforming The U.S. Visa System For Victims Of International Human Trafficking, Marisa Silenzi Cianciarulo

Nevada Law Journal

No abstract provided.

Asylum And Voluntary Repatriation Applied To The Sub-Saharan African Legal Context: Are They Two Viable Solutions For Refugees?," , Cristiano D'Orsi

Cristiano d'orsi

This article deals with two aspects bound to the legal conditions of refugees in the African continent, namely asylum and voluntary repatriation. The first is considered like the “traditional” solution for people, either individuals or groups, obliged to flee from their own countries. On the contrary, the second is the solution traditionally invoked as the preferable one either by States or by institutions, like the United Nations High Commissioner for Refugees , to put an end to the precarious condition of refugees. In this work, we will also examine the principle of non-refoulement, cornerstone of the legal protection of refugees …

The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law

Other Publications

Refugees increasingly encounter laws and policies which provide that their protection needs will be considered or addressed somewhere other than in the territory of the state where they have sought, or intend to seek, protection. Such policies-including "country of first arrival," "safe third country," and extraterritorial processing rules and practices-raise both opportunities and challenges for international refugee law. They have the potential to respond to the Refugee Convention's concern "that the grant of asylum may place unduly heavy burdens on certain countries" by more fairly allocating protection responsibilities among states. But insistence that protection be provided elsewhere may also result …

Refugee Solution, Or Solutions To Refugeehood?, James C. Hathaway

Articles

This is the text of a lecture delivered by James C. Hathaway in London in October 2006 to mark the twenty-fifth anniversary of the founding of Jesuit Refugee Service. The lecture was sponsored jointly by the Centre for the Study of Human Rights, London School of Economics; the Heythrop Institute for Religion, Ethics, and Public Life; and Jesuit Refugee Service (UK).

Singled Out: A Proposal To Extend Asylum To The Unmarried Partners Of Chinese Nationals Fleeing The One-Child Policy, Raina Nortick

Fordham Law Review

No abstract provided.

Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster

Michigan Journal of International Law

This Article first questions the legitimacy of protection elsewhere practices. It then considers the circumstances in which the transfer of refugees might take place. It should be emphasized that the Michigan Guidelines set out the minimum requirements and constraints imposed by international law when a state wishes to implement a protection elsewhere policy. In addition, in some instances the Michigan Guidelines engage in "progressive development" of the law by suggesting safeguards that, while not strictly required by international law, should be respected in order to ensure the implementation of such policies in a way that protects and ensures the rights …

The Land Of The Free: Human Rights Violations At Immigration Detention Facilities In America, Caitlin J. Mitchel

LLM Theses and Essays

In America today, aliens who commit even minor visa violations can be detained in one of many immigration detention facilities throughout the U.S. These detainees may be transferred to a facility far away from their homes, families, and attorneys. While imprisoned in these detention facilities, some detainees are treated as and housed with criminals. Their substantive and procedural rights are limited and their human rights are violated. The U.S. laws that should protect them are the very laws that strip them of their rights to court proceedings, challenges of decisions regarding detention, and judicial review. By issuing substantial reservations, declarations, …

A Well-Founded Fear Of Having My Sexual Orientation Asylum Claim Heard In The Wrong Court, Paul O'Dwyer

NYLS Law Review

No abstract provided.

Why Refugee Law Still Matters, James C. Hathaway

Articles

I am concerned that the singular importance of international refugee law is profoundly misunderstood. My more specific worry is that erroneous and competing claims by governments and the refugee advocacy community about the structure and purpose of refugee law threaten its continuing ability to play a truly unique human rights role at a time when no meaningful alternative is in sight.

Sending The Bureaucracy To War, Elena Baylis, David Zaring

Articles

Administrative law has been transformed after 9/11, much to its detriment. Since then, the government has mobilized almost every part of the civil bureaucracy to fight terrorism, including agencies that have no obvious expertise in that task. The vast majority of these bureaucratic initiatives suffer from predictable, persistent, and probably intractable problems - problems that contemporary legal scholars tend to ignore, even though they are central to the work of the writers who created and framed the discipline of administrative law.

We analyze these problems through a survey of four administrative initiatives that exemplify the project of sending bureaucrats to …

Counterproductive And Counterintuitive Counterterrorism: The Post-September 11 Treatment Of Refugees And Asylum Seekers, Marisa Cianciarulo

Marisa S. Cianciarulo

This Article critiques U.S. counterterrorism measures that directly target refugees and asylum-seekers. The United States currently offers protection to individuals and families fleeing persecution through two programs: the overseas refugee resettlement program (available to refugees residing outside the United States) and the asylum system (available to those who apply for refugee protection on U.S. soil). Almost immediately after the September 11 terrorist attacks, the United States implemented a refugee resettlement moratorium that resulted in lengthy delays and the failure to resettle thousands of refugees previously cleared to enter the United States. Several years later, on May 11, 2005, Congress passed …