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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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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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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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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Sep28

The Government’s Role in Domestic Violence: A different take on nexus formation

September 28, 2018

The United State’s current asylum framework protects those who are persecuted because of their race, religion, nationality, political opinion, or membership in a particular social group. Should it extend to those who are denied state protection on those grounds?

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Aug17

Support for Refugees with Disabilities and Other Specific Health Care Needs

August 17, 2018

Chapters 2 and 3 of the 1951 Refugee Convention enumerate the rights granted to recognized refugees. Many of those rights—public education, association, gainful employment, etc., cannot be realized if Member States do not provide accommodations for disabilities.

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Jul10

Taking Subjectivity Out of the Serious Harm Determination

July 10, 2018

The Sixth Circuit should have carefully laid out a standard for serious harm instead of simply rejecting the violation of a human right as an insufficient basis for granting asylum.

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Jun1

Anti-Gang/Guerrilla Opinions are Political Opinions

June 1, 2018

[W]hen adjudicators fail to recognize these opinions as political, they deny some deserving applicants protection the Convention guarantees.

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May1

The Inclusion of a Subjective Component in “Well-Founded Fear” and the Insufficiency of Strict Textualism

May 1, 2018

The United States Supreme Court should revisit its language requiring the assessment of the applicant’s subjective emotional state when determining whether that applicant meets the “well-founded fear” test.

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Mar31

Merging Sociology and Law: How Social Construction of Identity May Explain Differing Treatment of Women and Gay People as Social Groups in Refugee Law

March 31, 2018

The core differences in the social construction of gender and sexual orientation may explain the differing treatment of women and gay people in refugee law. Women are not seen as distinct individuals, while gay individuals' identities are not merged with a spouse or children.

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