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Refugee Roulette – Disparities in Asylum Adjudication and Proposals for Reform

Autor Philip G. Schrag, Andrew I. Schoenholtz, Jaya Ramji–nogales, Edward M. Kennedy
en Limba Engleză Hardback – 29 sep 2009
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.
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Specificații

ISBN-13: 9780814740743
ISBN-10: 081474074X
Pagini: 354
Dimensiuni: 205 x 236 x 35 mm
Greutate: 0.62 kg
Ediția:New.
Editura: MI – New York University
Locul publicării:United States

Cuprins

Figures and Tables vii; Acknowledgments xi; Foreword xiii; Senator Edward Kennedy; Introduction 1; Part I: Refugee Roulette; 1 – The Asylum Process 17; 2 – The Regional Asylum Offices 26; 3 – The Immigration Courts 41; 4 – The Board of Immigration Appeals 78; 5 – The United States Courts of Appeals 98; 6 – Conclusions and Policy Recommendations 112; Part II: International, Judicial and Scholarly Perspectives; 7 – Refugee Roulette in the Canadian Casino 188; Audrey Macklin; 8 – Refugee Roulette – A UK Perspective 239; Robert Thomas ; 9 – Consistency, Credibility, and Culture 279; Bruce Einhorn; 10 – Asylum in a Different Voice? Judging Immigration Claims and Gender 306; Carrie Menkel-Meadow 306; 11 – Refugee Roulette in an Administrative Law Context: The Déjà Vu of Decisional Disparities in Agency Adjudication 350; Margaret Taylor; 12 – Learning to Live with Unequal Justice: Asylum and the Limits to Consistency 393; Steven Legomsky; 13 – The Counsel Conundrum: Effective Representation in Immigration Proceedings 452; M. Margaret McKeown and Allegra McLeod; Methodological Appendix 490; Ninth Circuit Appendix 521; Index

Recenzii

"Insiders have long bemoaned the arbitrary and unfair outcomes of the United States asylum system. Finally we have a meticulous and compelling study that lays bare the indisputable problems and essential remedies for all to see. At a time of national political renewal, is it too much to hope that this book will re-ignite the long-standing American commitment to fairness and protection for those fleeing persecution?” Jacqueline Bhabha, Director, University Committee on Human Rights Studies, Harvard University

Notă biografică

Jaya Ramji-Nogales is Associate Professor of Law and Co-Director of the Institute for International Law and Public Policy at Temple University's Beasley School of Law.

Descriere

A disturbing look at how asylum seekers fare in America