9780814740743

Refugee Roulette

by
  • ISBN13:

    9780814740743

  • ISBN10:

    081474074X

  • Format: Hardcover
  • Copyright: 2009-09-01
  • Publisher: New York Univ Pr

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Supplemental Materials

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Summary

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 recommendationsContributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.

Table of Contents

List of Figuresp. ix
List of Tablesp. xii
Foreword by Senatorp. xv
Acknowledgmentsp. xix
Introductionp. I
Refugee Roulette
The Asylum Processp. 11
The Regional Asylum Officesp. 17
The Immigration Courtsp. 33
The Board of Immigration Appealsp. 61
The United States Courts of Appealsp. 77
Conclusions and Policy Recommendationsp. 89
International, Judicial, and Scholarly Perspectives
Refugee Roulette in the Canadian Casinop. 135
Refugee Roulette: A UK Perspectivep. 164
Consistency, Credibility, and Culturep. 187
Asylum in a Different Voice? Judging Immigration Claims and Genderp. 202
Refugee Roulette in an Administrative Law Context: The Déjà Vu of Decisional Disparities in Agency Adjudicationp. 227
Learning to Live with Unequal Justice: Asylum and the Limits to Consistencyp. 250
The Counsel Conundrum: Effective Representation in Immigration Proceedingsp. 286
Methodological Appendixp. 307
Ninth Circuit Appendixp. 327
Indexp. 331
About the Authorsp. 335
Table of Contents provided by Ingram. All Rights Reserved.

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