Exploring New Approaches to Unsettled Legal Questions

Tag: Immigration Law

A Catch-22? The Social Distinction Requirement for Asylum

by Clay Venetis*

Is the Board of Immigration Appeals’ (“BIA”) test for determining whether an asylum-seeker qualifies as a refugee too restrictive? Clay Venetis (’17) addresses this question based on his experience at the Asylum and Refugee Law National Moot Court Competition, held at the University of California Davis School of Law in March 2016. In order to obtain protection from persecution on the basis of their membership in a group not specified in the Immigration and Nationality Act (“INA”), asylum-seekers must show that their particular social group possesses “societal distinction” — recognition by society in general, and not just the alleged government persecutors — in their country of origin. This Contribution argues that the “societal distinction” requirement creates a “catch-22” that unfairly denies asylum to those who deserve it, and urges courts to adopt a more flexible, case-by-case approach to determining whether an individual qualifies for asylum.

So You Think You’re a Citizen? How a United States Citizen Can Be Stripped of His Citizenship

by Sonya Chung and Zi Lin*

Do passports and Consular Reports of Birth Abroad constitute conclusive proof of U.S. citizenship such that the State Department’s revocation of these documents is not impermissibly retroactive? Sonya Chung (’17) and Zi Lin (’17) examine this question, based on their experience as writers of the problem for the New York University School of Law 2016 Immigration Law Competition. Their Contribution discusses the state of the law surrounding passports and CRBAs as evidence of citizenship and their revocability. The Contribution argues that courts should allow individuals to use these documents as conclusive proof of citizenship and that the State Department’s power to correct its own errors should be circumscribed carefully in cases where there has been extended reliance on citizenship rights.

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