Jun14
The Central American Minors Program, the Administrative Procedure Act, and the International Refugee Convention
June 14, 2019
Domestic advocates have used Administrative Law to frame arguments about the International Refugee Convention. While this has resulted in a victory for those affected by the cancelation of the Central American Minors Program, administrative law cannot provide the same durable and stabilizing humanitarian system that the Convention does.
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Jun6
Resolving Negusie: The Attorney General Should Recognize a Broad Duress Defense to Article 1(F)(a) and Grant Asylum
June 6, 2019
There is growing international consensus that Article 1(F)(a) of the Refugee Convention contains a duress defense. However, the U.S. Attorney General recently stayed the decision of the U.S. Board of Immigration Appeals to recognize this defense and requested amici to brief on whether such a defense exists. The Attorney General should affirm the existence of a duress defense in Article 1(F)(a), incorporate the Rome Statute as the test for this defense, and resolve unsettled interpretative questions about the Statute’s elements in favor of the refugee applicant.
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Jun2
Nationality as an Element of the Refugee Definition and the Unsettled Issues of ‘Inchoate Nationality’ and ‘Effective Nationality’
June 2, 2019
This is the second of a two-part article dealing with the issues of ‘inchoate nationality’ and ‘effective nationality’ in the context of determination of nationality as an element of the refugee definition.
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Apr26
Love the Refugee, Hate the Group: The Troublesome Precedent of Halim
April 26, 2019
Courts around the world accept evidence of persecution of persons similarly situated to the individual applicant to help establish his or her risk of persecution. Several U.S. courts, however, diverge from this practice. Should all claims, whether based on individual experiences or on those of persons similarly situated, be evaluated under the "reasonable possibility" standard?
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Feb22
U.S. Practices Under International Standards: An Interview with Hardy Vieux, Vice President (Legal), Human Rights First
February 22, 2019
On June 29, 2018, RefLaw Writer B.A. Bacigal interviewed Hardy Vieux, vice president (Legal) at Human Rights First (HRF) about his perspective on current issues in refugee and asylum law. What follows is an edited version of that interview. The views and opinions represented are solely Hardy’s and do not necessarily reflect the views of Human Rights First.
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Jan26
Building Myanmar’s International Responsibility before the ICJ by Recourse to Diplomatic Protection
January 26, 2019
Once host states are aware of, and willing to act on, the deficiencies in their current stance surrounding the persecuting state’s responsibility, it could bring an adversarial suit before an international court, specifically the ICJ. The answer to lacking state responsibility may lie in utilizing diplomatic protection’s pragmatic approach.
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Jan18
Will the Family Unit Remain the “Quintessential” Particular Social Group in the United States?
United States, January 18, 2019
On December 3, 2018, acting U.S. Attorney General Matthew Whitaker certified a Board of Immigration Appeals decision to himself to address the validity of asylum claims based on membership in a family unit. Despite precedent recognizingthe family unit as a valid particular social group, advocates are rightly concerned that the Attorney General may be attempting to undermine this area of U.S. asylum law.
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Dec21
Circular Security: Cameroon’s Return of Nigerian Refugees is Bad Law and Bad Policy
December 21, 2018
Cameroon has taken to expelling refugees seeking relief from violence at the hands of Boko Haram on the pretense of national security, fearing that Boko Haram has infiltrated its borders. Cameroon’s mass expulsions without more process for individuals violates the country’s obligations under the Convention and Protocol Relating to the Status of Refugees. Furthermore, there is little evidence that this policy effectively enhances national or regional security.
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Nov24
Asylum Meters & Bans: Trump’s New Border Regime Violates the United States’ Duties under International Refugee Law
November 24, 2018
The Trump administration is metering the number of individuals who are allowed to enter the United States and apply for asylum at points of entry, and prohibiting anyone who enters unlawfully without inspection from receiving asylum. This new border regime violates the United States' obligations under the 1967 Protocol to not refoul refugees to unsafe countries and not punish refugees for unlawful entrance.
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Nov12
Towards a Less Arbitrary Unequal: Designating Last Habitual Residence in Stateless Asylum Claims in the U.S.
United States, November 12, 2018
The consistent reference approach to CFHR is a more balanced way to adjudicate stateless applicants. The consistent approach may also aid in keeping well-founded fear and protection inquiries separate.
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