Author: Anthea Vogl
Publisher: Cambridge University Press
ISBN: 1108831850
Category : Law
Languages : en
Pages : 189
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Book Description
Reveals the impossible demands for narrative placed on refugee applicants and their oral testimony within state processes for refugee status determination.
Author: Jaya Ramji-Nogales
Publisher: NYU Press
ISBN: 0814741061
Category : Law
Languages : en
Pages : 356
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Book Description
Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance. Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors' research and recommendations Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.
Author: Susan L. Yarbrough
Publisher: iUniverse
ISBN: 1475975449
Category : Biography & Autobiography
Languages : en
Pages : 152
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Book Description
Every year, thousands of people seek asylum in the United States because they have been persecuted in other countries due to their race, religion, nationality, social group, or political opinion. In seeking refuge and protection, these immigrants must rely on the American court system to help them achieve safety from the great harm they have suffered. In her unique and compelling judicial memoir, Susan Yarbrough, a former US immigration judge, highlights five significant asylum cases that she heard and decided during almost eighteen years on the benchcases that profoundly changed her not only as a judge, but also as a person. Yarbrough recounts heartrending testimony described against the background of the countries in which the persecution took place, following each account with personal reflections on how she was emotionally and spiritually transformed by each person who testified. From Josu Maldonado, persecuted in El Salvador because of his religion, to Daniel Quetzal, an Indian from Guatemala who was tied naked to a pole and tortured because of his political opinion, the cases that the author shares provide an unforgettable glimpse into the lives of courageous people who risked everything for peace and freedom in the United States. Bench-Pressed is the story of five asylum seekers and the judge who was irrevocably changed by the intersection of her life with theirs.
Author: Claire Nolasco Braaten
Publisher: Rowman & Littlefield
ISBN: 166693447X
Category : Law
Languages : en
Pages : 251
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Book Description
This book presents a gripping analysis of the hidden factors that affect the asylum claims and rights of unaccompanied minors in the US. This book reveals how politics, economics, and social pressures shape the decisions of immigration judges and how federal courts respond to policies impacting these vulnerable minors.
Author: Geoffrey Care
Publisher: Routledge
ISBN: 1317096541
Category : Law
Languages : en
Pages : 383
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Book Description
Written in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.
Author: Hugo Storey
Publisher: Oxford University Press
ISBN: 0198842643
Category : Law
Languages : en
Pages : 833
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Book Description
In international law, the refugee definition enshrined in Article 1A(2) of the Refugee Convention and its 1967 Protocol is central. Yet, seven decades on, the meaning of its key terms are widely seen as unclear. The Refugee Definition in International Law asks whether we must continue to accept this or whether a systematic legal analysis can shed new light on this important term. The volume addresses several framework questions concerning approaches to definition, interpretation, ordering, and the interrelationship between the definition's different elements. Each element is then analysed in turn, applying Vienna Convention of the Law of Treaties rules in systematic fashion. Each chapter evaluates the main disputes that have arisen and seeks to distil basic propositions that are widely agreed, as well as certain suggested propositions for resolving ongoing debates. In the final chapter, the basic propositions are assembled to demonstrate that in fact there is now more clarity about the definition than many think and that considerable progress has been made toward achieving a working definition.
Author: Susan Kneebone
Publisher: Cambridge University Press
ISBN: 0521889359
Category : Law
Languages : en
Pages : 357
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Book Description
An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.
Author: David Ngaruri Kenney
Publisher: Univ of California Press
ISBN: 0520261593
Category : Social Science
Languages : en
Pages : 360
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Book Description
Describes one political refugee's long and difficult struggle through immigration processing, detailing his imprisonment in Kenya, his escape to the U.S., and the ordeal of dealing with a bureaucracy that sought to deport him.
Author: Benjamin N. Lawrance
Publisher: Cambridge University Press
ISBN: 1107069068
Category : Law
Languages : en
Pages : 281
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Book Description
A comprehensive study offering the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process.
Author: Rebecca Hamlin
Publisher: Oxford University Press
ISBN: 0199373329
Category : Political Science
Languages : en
Pages : 240
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Book Description
International law provides states with a common definition of a "refugee" as well as guidelines outlining how asylum claims should be decided. Yet even across nations with many commonalities, the processes of determining refugee status look strikingly different. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations: the United States, Canada, and Australia. Though they exhibit similarly high levels of political resistance to accepting asylum seekers, refugees access three very different systems-none of which are totally restrictive or expansive-once across their borders. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being designated as refugees. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Rebecca Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with how insulated administrative decision-making is from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.
