The Law of Asylum in the United States: Administrative decisions and analysis

The Law of Asylum in the United States: Administrative decisions and analysis
Author: Deborah E. Anker
Publisher: Amer Immigration Lawyers Assn
Total Pages: 750
Release: 1994-01-01
Genre: Administrative procedure
ISBN: 9781878677624

Beginning with this Third Edition, The Law of Asylum in the United States becomes a three-volume series. Volume III, The Law of Asylum in the United States: Administrative Decisions and Analysis, contains the first comprehensive reporter of administrative decisions, including unpublished Board of Immigration Appeals decisions granting relief, all officially-designated "precedent" decisions, and detailed analyses and indexing of entire caselaw. Volume I, The Law of Asylum in the United States: Asylum and Withholding Law, and Volume II, The Law of Asylum in the United States: Procedures, are scheduled for release in September 1994 and Winter 1995, respectively (from Introduction to Volume III).

The Law of Asylum in the United States

The Law of Asylum in the United States
Author: Deborah E. Anker
Publisher:
Total Pages: 402
Release: 1991
Genre: Law
ISBN:

This book provides a detailed guide to the substantive and procedural law of asylum and refugee protection in the United States. In approaching this task it combines detailed discussions of actual doctrine and case law with explanations of the important details of this law's administrative practice. After defining what is meant by the term 'asylum', the author examines the legal framework which exists for the protection of refugees or asylum seekers. Given that this framework is derived from sources of both international and domestic law, the author devotes separate sections to international law, international refugee law and domestic law. The author then clarifies which individuals are entitled to apply for asylum and the withholding of deportation, before attempting a 'when, where and how' appraisal of the application procedure itself. The book presents a comprehensive assessment of the applicant's rights and examines the criteria which must be fulfilled, in theory, for an application to be successful (i.e. for a persecution claim to be proved). Finally, the book has some interesting features in its lengthy appendices: a list of lawyers who have had experience in representing asylum claimants from different countries (contact addresses testify to the book's function as a practical guide); a human rights documentation resource list; and the reproduction, in detail, of both case summaries and the full texts of several decisions of the Board of Immigration Appeals.

Let Me Be a Refugee

Let Me Be a Refugee
Author: Rebecca Hamlin
Publisher: Oxford University Press
Total Pages: 240
Release: 2014-08-19
Genre: Political Science
ISBN: 0199373329

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.

Asylum Matters

Asylum Matters
Author: Laura Affolter
Publisher: Springer Nature
Total Pages: 213
Release: 2020-11-30
Genre: Social Science
ISBN: 303061512X

This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination. It sheds light on organisational socialisation processes and on the professional norms and values at the heart of administrative work. By doing so, it shows how disbelief becomes normalised in the office. This book speaks to legal scholars, sociologists, anthropologists, human geographers and political scientists interested in bureaucracy, asylum law, migration studies and socio-legal studies, and to NGOs working in the field of asylum.

Immigration Judges and U.S. Asylum Policy

Immigration Judges and U.S. Asylum Policy
Author: Banks Miller
Publisher: University of Pennsylvania Press
Total Pages: 248
Release: 2014-11-07
Genre: Law
ISBN: 0812290372

Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system. With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.

Refugee Roulette

Refugee Roulette
Author: Jaya Ramji-Nogales
Publisher: NYU Press
Total Pages: 356
Release: 2011-04-29
Genre: Law
ISBN: 0814741061

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. From publisher description.

Refugees Without Refuge

Refugees Without Refuge
Author: Barbara M. Yarnold
Publisher:
Total Pages: 304
Release: 1990
Genre: Law
ISBN:

Refugees Without Refuge examines factors that influence the formation and implementation of U.S. asylum policy by Congress, the immigration bureaucracy, and the courts. It evaluates biases in administrative decision-making and links the Sanctuary Movement to these biases. Combines policy analysis, public law, doctrinal analysis of published and unpublished decisions (judicial and administrative) dealing with claims for asylum, and pluralism to explain U.S. asylum policy.

The Law of Refugee Status

The Law of Refugee Status
Author: James C. Hathaway
Publisher: Cambridge University Press
Total Pages: 777
Release: 2014-07-10
Genre: Political Science
ISBN: 1139991930

The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first edition, but undertakes an entirely original analysis of the jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central question in asylum law: who is a refugee?