More guidance and hopefully an open door for more DRO officers to grant parole more often than they have in the past ii. In the past you’d have to submit a written request within 7 days 3. quality assurance policy a. demand for them to show there is no fraud, not flight risk vii. Human Rights First Report Recommendations 1. Review of detention by the immigration courts 2. Other reforms to limit unnecessary detention 3. Stop using jail-like facilities 4. Stop opening remote facilities and ensure adequate legal and other support prior to using facilities 5. Improve the conditions of detention 6. Protection mechanisms at the DHS
7. Improve conduct of expedited removal 8. Provide timely and accurate statistics 3. 3. Necessary Harm: What Constitutes Persecution? Necessary Harm: What Constitutes Persecution? a. Generally i. What is persecution? Sample definitions 1. UN handbook Threats to life or freedom o/a/o protected ground 2. BIA Infliction of harm or suffering to overcome characteristic of victim 3. 7 th Circuit Punishment or the infliction of harm or illegitimate reasons 4. 8 th Circuit Infliction or threat of death, torture, or injury to one’s person or freedom ii. Controversial Issues 1. May be psychological (no physical requirement) 2. Family connections a. Parents CANNOT get derivative status from their children’s asylum status b. Persecution to close family member may constitute persecution to oneself i. Matter of C-Y-Z (BIA 1997) – p. 791 1. Alien granted asylum when forced sterilization of his wife by Chinese government conferred refugee status on him under the act ii. Abay v. Ashcroft (6th, 2004) – p. 788 1. See Gender, FGM iii. BUT not when children are citizens ( Oforji ) 1. Or LPRS ( Olowo ) iv. BUT not when parents could prevent FGM ( Abebe ) v. Sometimes support for family unity 1. Tchoukhrova c. 7th Circuit Linked asylum claims i. Require that children be “constructively deported” ( Oforji ) iii. Persecution v. Not Persecution 1. Persecution is… a. Threats to life (or family member’s) b. Rape or sexual assault c. Forced abortion or FGM d. Ethnic Cleansing e. Detention in Labor Camp f. Forced Expulsion g. Curbs on Religious Freedom h. Kidnapping and Beatings 2. Persecution is not… a. Discrimination b. Harassment c. General hardship d. Short periods of detention e. Unfair/unjust treatment f. Damage to property iv. Who deserves protection? 1. Protection view 2. Accountability / Complicity Approach 3. Qualifications Directive 4. Safe Third Country Principle v. Methods of Restriction Barriers to Entry Procedural Restrictions Deterrence
Visa Requirements Expedited Removal (safe countries of origin list – US doesn’t have this) Reduce benefits Internationalization of Territory Safe 3rd country rules Detention Offshore Interdiction Filing Deadlines (1 yr bar) Removal Border fence Corroboration Bars on Re-entry Poor Selectivity Risk of Poor Caution Poor Hospitality b. Economic Harms – Possible – Need not be physical i. Djordje v. Kovac (9th, 1969) – p. 234 1. Facts Citizen of Yugoslavia, asked for INA 243(h) relief.
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- Spring '17
- Jane DePuiw
- Law, i., Persecution, Right of asylum