The Resource Asylum and gang violence : legal overview, Kate M. Manuel

Asylum and gang violence : legal overview, Kate M. Manuel

Label
Asylum and gang violence : legal overview
Title
Asylum and gang violence
Title remainder
legal overview
Statement of responsibility
Kate M. Manuel
Creator
Contributor
Author
Publisher
Subject
Language
eng
Summary
"The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum. Only aliens who are "refugees," as that term is defined by the Immigration and Nationality Act (INA), qualify for potential refugee status or asylum (two forms of discretionary relief that could enable UACs to enter or remain in the United States). The INA's definition, in turn, generally encompasses individuals outside their home country who are unable or unwilling to return to that country because of "persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." However, key terms within this definition -- including persecution and particular social group -- are not defined by statute or regulation. Instead, they have been construed by the Board of Immigration Appeals (BIA), the highest administrative tribunal for interpreting and applying immigration law, through a process of case-by-case adjudication, with the federal courts generally deferring to the BIA's interpretation insofar as it is based on a "permissible construction" of the INA. These cases center upon eligibility for asylum, because denials of applications for refugee status cannot be appealed. Denials of asylum by immigration judges in the course of formal removal proceedings, in contrast, may be appealed to the BIA and the federal courts of appeals. When considered by the BIA or appellate courts in light of how the INA's definition of refugee is construed, claims to asylum based on gang-related violence frequently (although not inevitably) fail. In some cases, this is because the harm experienced or feared by the alien is seen not as persecution, but as generalized lawlessness or criminal activity. In other cases, persecution has been found to be lacking because governmental ineffectiveness in controlling the gangs is distinguished from inability or unwillingness to control them. In yet other cases, any persecution that is found is seen as lacking the requisite connection to a protected ground, and instead arising from activities "typical" to gangs, such as extortion and recruitment of new members. The particular social group articulated by the alien (e.g., former gang members, recruits) may also been seen as lacking a "common, immutable characteristic," social visibility (now, social distinction), or particularity"--Preliminary page
Member of
Cataloging source
AWC
http://library.link/vocab/creatorName
Manuel, Kate
Government publication
federal national government publication
Index
no index present
LC call number
KF4836
LC item number
.M36 2014
Literary form
non fiction
Nature of contents
  • dictionaries
  • bibliography
http://library.link/vocab/relatedWorkOrContributorName
Library of Congress
Series statement
CRS report for Congress
Series volume
R43716
http://library.link/vocab/subjectName
  • Asylum, Right of
  • Refugees
  • Asylum, Right of
  • Refugees
  • United States
Label
Asylum and gang violence : legal overview, Kate M. Manuel
Instantiates
Publication
Note
"September 5, 2014."
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
black and white
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Basis for asylum in international and U.S. law -- Application of the INA's definition of refugee -- Bars to asylum
Dimensions
unknown
Extent
1 online resource (24 pages)
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
Hein Online
Specific material designation
remote
System control number
  • (OCoLC)890602952
  • (OCoLC)ocn890602952
Label
Asylum and gang violence : legal overview, Kate M. Manuel
Publication
Note
"September 5, 2014."
Bibliography note
Includes bibliographical references
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
black and white
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Basis for asylum in international and U.S. law -- Application of the INA's definition of refugee -- Bars to asylum
Dimensions
unknown
Extent
1 online resource (24 pages)
Form of item
online
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
Hein Online
Specific material designation
remote
System control number
  • (OCoLC)890602952
  • (OCoLC)ocn890602952

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