Nov10

Toward Principles for Refugee Claims Based on Unenforced Persecutory Laws

November 10, 2020

If it is true that “queer cases make bad law,” then in cases like these, which raise difficult questions relevant to the LGBT community, courts should be especially diligent in showing each step of the analysis, and not blind themselves to the social realities the applicant in front of them faces.

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Jan29

No Fame Required: Where Matter of L-E-A- Went Wrong

January 29, 2020

In Matter of L-E-A-, the Attorney General abandoned the United States’ long-standing acceptance of family as a particular social group and held instead that nuclear family will no longer necessarily qualify as a particular social group. This decision is incorrect and departs not only from the U.S.’s own jurisprudence, but also from other jurisdictions’ acceptance of family-based particular social groups.

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Dec8

Clumsy Precedents and Arbitrary Discretion: Britain’s Country Guidance System and The Obligation of Non-Refoulment

December 8, 2019

The way in which British immigration courts issue country guidance cases and use them during the well-founded fear inquiry fails to ensure that asylum applicants receive the individualized assessment that is needed to avoid returning them to countries where they risk persecution on a protected ground. Country guidance should not serve as an obstacle to claiming asylum, but rather as a way for similarly situated refugees to efficiently demonstrate prima facia cases for protection.

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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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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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